The Council of the City of San José reconvened at 8:51 p.m. in Council Chambers at City Hall, to consider amendments to the 2001 Annual Review of the General Plan.
Present: Council Members - Campos, Chavez, Cortesé, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales
Absent: Council Members: Dando (excused)
Documents Filed: (1) See the 2001 Annual Review of the San José 2020 General Plan, prepared by the Department of Planning, Building and Code Enforcement, containing Staff Reports for each amendment request, organized by City Council District, recommendations from the Planning Commission on the proposed amendments, and letters from City Council Members, City Departments, Agencies, Commissions and community members. (2) Memorandum from Acting Director of the Department of Planning, Building and Code Enforcement, Joseph A. Horwedel dated November 9, 2001, discussing the Planning Commission’s recommendations on the General Plan land use and text amendments to be heard by the City Council at the November 20, 2001 hearing on the Fall 2001 Annual Review of the General Plan. (3) See November 6, 2001 minutes of the General Plan for the Notice of Public Hearings for proposed land use and text amendments to the “San José 2020 General Plan”, dated October 1, 2001, and Proof of Publication of the Notice of Public Hearings, executed on October 5, 2001, submitted by the City Clerk.
CONSENT CALENDAR
Upon motion by Vice Mayor Shirakawa, Jr., seconded by
Council Member Williams and unanimously carried, the Consent Calendar was
approved and the below listed tentative actions taken as indicated. Vote: 10-0-1-0. Absent: Dando.
1.1 General Plan Amendment request to change
the General Plan Land Use/Transportation Diagram designation from Medium Low
Density Residential (8 DU/AC) to Private Open Space on 0.2 acre and Public
Park/Open Space on 1.5 acres for property located on the south side of Pegasus
Way at the terminus of Adelong Way on a 1.7 acre site. (Staff, Applicant). CEQA:
San Jose 2020 General Plan E.I.R. Resolution No. 65459. Director of Planning, Building and Code
Enforcement and Planning Commission recommend approval (6-0-1).
GP01-02-03 – District 2
Discussion/Action: The recommendation of the Planning Commission and the Director of Planning, Building and Code Enforcement was tentatively approved. Vote: 10-0-1-0. Absent: Dando.
1.2 General Plan Amendment request to change
the Land Use/Transportation Diagram designation from Medium Density Residential
(8-16 DU/AC) to Public Park/Open Space for property generally bounded by Palm
Valley Boulevard, Palmia Drive, Primrose Drive, and La Strada Drive on a 4.2
acre site. (Staff, Applicant). CEQA: San Jose 2020 General Plan E.I.R. Resolution
No. 65459. Director of Planning, Building and Code Enforcement and Planning
Commission recommend approval (6-0-1).
GP01-02-04 – District 2
Discussion/Action: The recommendation of the Planning Commission and the Director of Planning, Building and Code Enforcement was tentatively approved. Vote: 10-0-1-0. Absent: Dando.
1.3 General Plan Amendment request to change
the Land Use/Transportation Diagram designation from Medium Density Residential
(8-16 DU/AC) to Public Park/Open Space for property located on the northwest
corner of Santa Teresa Boulevard and Miyuki Drive on a 5.7 acre site. (Staff, Applicant). CEQA:
San Jose 2020 General Plan E.I.R. Resolution No. 65459. Director of Planning, Building and Code
Enforcement and Planning Commission recommend approval (6-0-1).
GP01-02-05 – District 2
Discussion/Action: The recommendation of the Planning Commission and the Director of Planning, Building and Code Enforcement was tentatively approved. Vote: 10-0-1-0. Absent: Dando.
1.4 General Plan Text Amendment change to
make minor corrections and modifications to the General Plan Text. (Staff, Applicant). CEQA:
Supplemental Environmental Impact Report for Edenvale Development Policy
Area Resolution No. 70021. Director of
Planning, Building and Code Enforcement and Planning Commission recommend
approval (6-0-1).
GP01-T-01 – District 2
Discussion/Action: The recommendation of the Planning Commission and the Director of Planning, Building and Code Enforcement was tentatively approved. Vote: 10-0-1-0. Absent: Dando.
1.5 General Plan Text Amendment change to
incorporate Green Building Principles.
(City Council, Applicant).
CEQA: San Jose 2020 General Plan
E.I.R. Resolution No. 65459. Director
of Planning, Building and Code Enforcement and Planning Commission recommend
approval (7-0-0).
GP01-T-12 – Citywide
Discussion/Action: The recommendation of the Planning Commission and the Director of Planning, Building and Code Enforcement was tentatively approved. Vote: 10-0-1-0. Absent: Dando.
Items 1.6 and 1.7 were heard together.
1.6 General Plan Text Amendment change to
strengthen pedestrian and related policies.
(City Council, Applicant).
CEQA: San Jose 2020 General Plan
E.I.R. Resolution No. 65459. Director
of Planning, Building and Code Enforcement and Planning Commission recommend
approval (6-0-1).
GP01-T-34 – Citywide
1.7 General Plan Text Amendment to modify the
Transportation Bicycle Diagram Network to add additional planned bicycle
transit corridors. (Staff,
Applicant). CEQA: San Jose 2020 General Plan E.I.R. Resolution
No. 65459. Director of Planning,
Building and Code Enforcement and Planning Commission recommend approval
(6-0-1).
GP01-T-36 - Citywide
Discussion/Action: To facilitate Council discussion of the changes to the subject policies and modifications to the bicycle network, Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, presented an overview of both items highlighting implications of each amendment and how they will affect the City, and Deputy Director of the Department of Transportation Hans Larsen described the amendments proposed to the Transportation Level Of Service Policy. Council Member Yeager pointed out the absence of bicycles lanes delineated for Hostetter Road east of Morrill, to include the rideable paved segments of the path along Penitencia Creek Trail and between Highway 680 and Piedmont Road, and asked Staff to delineate them on the map and incorporate them in the text. The recommendation of the Planning Commission and the Director of Planning, Building and Code Enforcement for the change to strengthen pedestrian and related policies was tentatively approved; and the recommendation of the Planning Commission and the Director of Planning, Building and Code Enforcement to modify the Transportation Bicycle Diagram Network was tentatively approved with the Department of Transportation directed to add to the “Proposed Text Amendment” and the “Transportation Bicycle Network Diagram” existing bicycle lanes on Hostetter Road east of Morrill Avenue; and to add to the “Transportation Bicycle Network Diagram” the segment of bicycle trail on Penitencia Creek Road between Highway-680 and Piedmont Road. Vote: 10-0-1-0. Absent: Dando.
PUBLIC HEARINGS
2.1 PUBLIC HEARING on General Plan Amendment request to change the General Plan Land Use/Transportation Diagram designation from Rural Residential (0.2 DU/AC) within the Coyote Greenbelt Overlay on a 643-acre site. (Staff, Applicant). Area A: Northeasterly corner of Monterey Highway and Ogier Avenue, approximately 800 feet south of Palm Avenue on a 43 acre site. Area B: Southwesterly side of Monterey Highway, between Miramonte Avenue and Willow Springs Road, and both sides of Santa Teresa Boulevard on a 600 acre site. CEQA: San Jose 2020 General Plan E.I.R. Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
GP01-02-02 – District 2
Documents Filed: (1) Memorandum from Mayor Gonzales and Council Member Williams, dated November 19, 2001, recommending Council approve the staff recommendations for GP01-02-02. (2) Letter from Betty M. Garcia, representing the Casimiro C. Supnet Family Trust, dated November 20, 2001, opposing any zoning change that would restrict the use of the land.
Discussion/Action: Mayor Gonzales opened the public hearing on GP01-02-02. Brenda McHenry, representing the League of Women Voters of Santa Clara County, and Eric Carruthers spoke in support of the proposed amendment. The following individuals spoke in opposition to the proposed change: Betty Garcia, Joe Crosby, Consuelo V. Crosby, Mark Fantozzi, Benjamin Scorsur, and Dan Perusina. Referencing the November 19, 2001 memorandum co-authored by Mayor Gonzales, Council Member Williams recommended approval of the staff recommendations, as the amendment clarifies the intent of the Coyote Greenbelt to remain a non-urban buffer and brings consistency between the General Plans of the City and the County. He stated the agriculture land use designation allows for one residence to be constructed on any legal lot size; however, the City’s General Plan must be clear and concise about the appropriate uses within the Greenbelt, especially as development pressure increase in the Greenbelt. He stated the areas included in the proposed amendment, in accordance with the County Zoning Code, have an exclusive agriculture zoning designation, which is intended to maintain agricultural uses on suitable land and has a minimum parcel size of 20 acres. Upon motion by Council Member Williams, seconded by Council Member Chavez and unanimously carried, the public hearing was closed and the recommendation of the Planning Commission and the Director of Planning, Building and Code Enforcement was tentatively approved. Vote: 10-0-1-0. Absent: Dando.
2.2 PUBLIC HEARING and adoption of a resolution of certain findings concerning mitigation measures, adopting a mitigation monitoring and reporting program, making findings concerning alternatives, and adopting a statement of Overriding Considerations for the KYCY AM Radio Transmitter Facility Environmental Impact Report for the KYCY AM Radio Transmitter Facility General Plan Amendments (GP00-04-01, GP00-T-13, and GP00-T-14) to change the San Jose 2020 General Plan and the Alviso Master Plan designation from Private Open Space with a Solid Waste Disposal Site Overlay to Public/Quasi-Public on the Newby Island Landfill site, located immediately northwest of Interstate 880 and Dixon Landing Road, to allow the construction of a 50-kilowatt (KW) AM transmitting antenna facility. The proposed amendments will include two related amendments in the Alviso Master Plan describing the Public/Quasi-Public land use designation and allowing 400-foot communication towers at the Newby Island Landfill site. The project includes subsequent planning permits to allow construction of the facility. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
Discussion/Action: This item was dropped from the Agenda.
2.3 PUBLIC HEARING on General Plan Land Use
and Text Amendments change for property located on Newby Island approximately
2000 feet northwest of Dixon Landing Road.
The items being considered are on property located on the Newby Island Landfill site approximately 2000 feet northwest of Dixon Landing Road on a 10-acre site. (Infinity Broadcasting, Owner/Berliner Cohen, Applicant). CEQA: Resolution to be adopted.
(a) PUBLIC HEARING on General Plan Amendment
request to change the General Plan Land Use/Transportation Diagram designation
from Private Open Space to Public/Quasi-Public (for radio transmission towers)
(Alviso Planned Community). CEQA: Resolution to be adopted. Director of
Planning, Building and Code Enforcement and Planning Commission recommend no
change to the General Plan. (6-1-0).
GP00-04-01 – District 4
(b) PUBLIC HEARING on General
Plan Text Amendment to modify the Urban Design Policies to allow communication
structures at a height of 400 feet, and make associated amendments to the
Alviso Master Plan. CEQA: Resolution to be adopted. Director of
Planning, Building and Code Enforcement and Planning Commission recommend no
change to the General Plan (6-1-0).
GP00-T-13 – District 4
(c) PUBLIC HEARING on General
Plan Text Amendment request to modify the Public/Quasi-Public designation to
allow freestanding communication structures, and make associated amendments to
the Alviso Master Plan. CEQA: Resolution to be adopted. Director of Planning, Building and Code
Enforcement and Planning Commission recommend no change to the General Plan
(6-1-0).
Discussion/Action: Items 2.3(a), (b) & (c) were dropped from the Agenda.
2.4 PUBLIC HEARING on General Plan Text
Amendment change to revise the Transportation Level of Service Policy. (City Council, Applicant). CEQA:
San Jose 2020 General Plan E.I.R. Resolution No. 65459. Director of Planning, Building and Code
Enforcement and Planning Commission recommend approval (7-0-0).
GP00-T-17 - Citywide
Documents Filed: Letter from David Fadness, dated November 19, 2001, regarding General Plan change, File Number GP00-T-17.
Discussion/Action: Mayor Gonzales opened the public hearing on GP00-T-17. Jill Escher spoke in support of the text amendment; and William J. Garbett spoke against the proposed action. Council Member Yeager stated the City Council is being asked to approve text amendment changes without knowing what revisions will be made to Policies 5-3 and 5-4; absent those revisions considered simultaneously with the amendment changes, he would not support the staff recommendation. He stated the interpretation of the proposed text amendment as recommended by the Planning Commission, which states – “When the mitigation for vehicular traffic compromises community livability by removing street trees, reducing front yards, or creating other neighborhood impacts, then improvements to transit, bicycle, or pedestrian facilities may be considered in combination with more appropriate street improvements to meet the level of service standard” – could convey the wrong message to developers regarding their responsibility for any negative impacts to and the overall affect on communities. He recommended Council not approve the staff recommendation for the text amendment changes, but to direct Staff to return to prepare the revisions to City Council Policies 5-3 and 5-4 to broaden the types of transportation improvements, to include other transportation modes, and to allow for mitigations that would not compromise the community livability, and return to Council for further action.
Mayor Gonzales stated he would not support Council Member Yeager’s recommendation, because he deemed the staff recommendation appropriate, and the proposed amendments to the policy consistent with supporting transit-oriented development in San José; that the proposed traffic mitigation measures could now include street enhancements, and improvement to transit, bicycle and pedestrian facilities; and that the current City Policies could require a developer to widen a street, thereby eliminating opportunities for pedestrian, bicycle and transit use; therefore, for those reasons, he recommended Council approve the staff recommendation. Speaking in opposition to the staff recommendation, Council Member LeZotte stated the proposal is incomplete, given the absence of relevant policy revisions, and that the revisions should be prepared and returned to Council with the text amendment change. With regards to the timeframe within which Staff would complete the policy changes as recommended and return with revisions, Joseph Horwedel stated today’s Council-approved text amendments would require Staff to return to Council in Spring 2002 with revisions to Council Policies 5-3 and 5-4, which would fully implement the broader scope provided for in the General Plan Amendment. Upon motion by Council Member Chavez, seconded by Council Member Williams and carried, the public hearing was closed and the recommendation of the Director of Planning, Building and Code Enforcement was tentatively approved with Staff directed to prepare revisions to City Council Policies 5-3 and 5-4, conduct public outreach, and return to Council as soon as possible. Vote: 8-2-1-0. Noes: LeZotte, Yeager. Absent: Dando.
2.5 PUBLIC HEARING on General Plan Text
Amendment change to increase the number of General Plan hearings per year. (City Council; Applicant). CEQA:
San Jose 2020 General Plan E.I.R. Resolution No. 65459. Director of Planning, Building and Code
Enforcement and Planning Commission recommend approval (7-0-0).
GP01-T-32 – Citywide
Documents Filed: (1) Memorandum from Mayor Gonzales, dated November 20, 2001, recommending Council increase the number of General Plan hearings held each year, and direct Staff to return to Council in January 2003 with an analysis of the total number of General Plan applications for 1999-2002 and their impact on staff workload. (2) Letter from David Fadness, dated November 19, 2001, requesting Council oppose multiple annual General Plan reviews.
Discussion/Action: Mayor Gonzales opened the public hearing on GP01-T-32. There was no discussion from the Floor. Upon motion by Council Member Diquisto, seconded by Council Member Cortesé and unanimously carried, the public hearing was closed, and the recommendation contained in Mayor Gonzales’ November 20, 2001 memorandum to (a) increase the number of General Plan hearings held each year to three, and (b) to direct Staff to report back to Council in January 2002 with an analysis of the total number of General Plan applications for the four-year period 1999-2002 and their impact on the Staff workload, was tentatively approved. Vote: 10-0-1-0. Absent: Dando.
2.6 PUBLIC HEARING on General Plan Amendment
change to modify the purpose of the Urban Reserve triggers for the Central
Coyote Valley. (City Council, Applicant). CEQA: San Jose 2020 General Plan
E.I.R. Resolution No. 65459. Director of Planning, Building and Code
Enforcement recommends approval. Planning Commission recommends no change to
the General Plan (4-3-0).
GP01-T-33 - District 2
Documents Filed: Memorandum from Mayor Gonzales and Council Member Williams, dated November 20, 2001 recommending Council support the staff recommendation.
Discussion/Action: Mayor Gonzales opened the public hearing on GP01-T-33. Referencing the memorandum co-authored by Mayor Gonzales, Council Member Williams reviewed background information on the proposed amendment, noting the modification will allow for the streamlining of the planning process and the preparation for the Specific Plan for the Coyote Valley Urban Reserve, and does not affect the actual triggers, or the sequence of development, or Council’s ability to take action on elements of the specific Plan. He recommended Council support the staff recommendation to implement the direction approved by the Council on June 26, 2001, to amend the General Plan text to modify the purpose of the Urban Reserve triggers applicable to Coyote Valley. Eric Carruthers spoke in favor of the modification. Referencing page 6 of the General Plan Report from Staff on GP01-T-33, Prerequisite Conditions, Joseph Horwedel stated the description “... the Planned Community designation, and any zoning approvals for property in the North and Mid-Coyote Valley…” could not proceed without first satisfying established conditions or “triggers” for industrial development. As a point of clarification, he stated the zonings in North Coyote Valley, as worded in the Prerequisite Conditions of the Staff Report, pertain only to residential uses, when in fact, industrial rezonings in North Coyote Valley can continue without the elements of a Specific Plan. Upon motion by Council Williams, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed and the recommendation of the Director of Planning, Building and Code Enforcement was tentatively approved. Vote: 10-0-1-0. Absent: Dando.
2.7 PUBLIC
HEARING on General Plan Text Amendment change to reflect additional changes to
the Housing Element. (Staff,
Applicant). CEQA: San Jose 2020 General Plan E.I.R. Resolution
No. 65459. Director of Planning,
Building, and Code Enforcement and Planning Commission recommend approval
(7-0-0).
GP01-T-39 – Citywide
Documents Filed: (1) Memorandum from Planning Commission Secretary Joseph A. Horwedel dated November 16, 2001, recommending adoption of the text changes associated with the Housing Element Update. (2) Notice of Public Hearings by the Planning Commission and the City Council on GP01-T-39, and Proofs of Publications executed on November 11 and 14, 2001, submitted by the City Clerk.
Discussion/Action Mayor Gonzales opened the public hearing on GP01-T-39. There was no discussion from the Floor. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the recommendation of the Planning Commission and the Director of Planning, Building and Code Enforcement was tentatively approved. Vote: 10-0-1-0. Absent: Dando.
2.8 PUBLIC
HEARING on General Plan Text Amendment to modify the definition of River
Commercial in the Alviso Master Plan.
(City Council, Applicant).
CEQA: Alviso Master Plan E.I.R.
Resolution No. 68577. Director of
Planning, Building and Code Enforcement recommends approval. Planning Commission recommends no change to
the General Plan. (6-1-0)
GP01-T-40 - District 4
Documents Filed: Memorandum from Council Member Reed, dated November 20, 2001, providing background information on the Alviso Master Plan and recommending approval of the subject amendment.
Discussion/Action: Mayor Gonzales opened the public hearing on GP01-T-40. There was no discussion from the Floor; however, Council Member Reed commented on the proposed modification of the Alviso Master Plan and the amendment to define the accepted uses and clarify the intent to ensure that projects are designed to have a positive relationship to the River. He recommended approval of the amendment to the Alviso Master Plan with the following amendment: River Commercial: “This designation is applied to an area south of the Guadalupe River and west of Gold Street and is intended to promote a positive relationship between the River, adjacent land uses, and public interaction by encouraging project design features and characteristics that connect private development to the public user of the River. Development on the site should be designed to reflect and acknowledge the River environment by orienting seating areas, windows decks, balconies, walkways and open space to the River and orienting storage and trash areas away from it. Retail, service, recreational and some commercial uses are appropriate. Appropriate uses include, but are not limited to, restaurants, sales of specialty foods, gifts and sundries, boating, hiking and bicycle services, museums and galleries, small-scale bed-and-breakfast visitor lodging, hotel and conference facilities, office, software development facilities, or industrial design facilities, but not production and commercial or business services”. Upon motion by Council Member Reed, seconded by Council Member Diquisto and unanimously carried, the recommendation as proposed by Council Member Reed in the November 20, 2001 memorandum to approve the amendment to the Alviso Master Plan to define the accepted uses and clarify the intent to ensure that projects are designed to have a positive relationship to the river, was tentatively approved. Vote: 10-0-1-0. Absent: Dando.
2.9 Initiation of an Area Development Policy
for the Coleman corridor located in the area generally extending from the City
of Santa Clara, south to Highway 87, bounded by Coleman Avenue and Walnut
Street to the east, and by the Union Pacific Railroad line (between Highway 87
and Taylor Street) to the west. (Staff,
Applicant). Director of Planning,
Building and Code Enforcement and Planning Commission recommend approval
(7-0-0).
Documents Filed: Memorandum from Planning Commission Secretary Joseph A. Horwedel dated November 9, 2001, recommending Council initiate the Coleman Corridor Area Development Policy.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Reed and unanimously carried the recommendation of the Planning Commission and the Director of Planning, Building and Code Enforcement for the initiating of an Area Development Policy for the Coleman corridor, was tentatively approved.
Vote: 10-0-1-0. Absent: Dando.
2.10 Adoption of a resolution finalizing the
tentative actions made by the City Council on the Fall 2001 Annual Review of
the General Plan and amending the General Plan in conformance herewith.
Documents Filed: Supplemental memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 15, 2001, clarifying height changes.
Discussion/Action: As a point of clarification, Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, referenced background information on and analysis of the specific text language associated with the General Plan requests to allow building heights to be limited only by the airspace requirements of the Federal Aviation Administration. Given the tentative approval of amendments on November 6, 2001, he asked Council to consider the adoption of the resolution to make the tentative actions final, including the modification to building heights. Referencing Item 2.5, which was deferred on November 6, 2001, Vice Mayor Shirakawa, Jr. recommended Staff schedule GP01-07-02 on the Agenda of the first General Plan Hearing in 2002. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, Resolution No. 70720, entitled: “A Resolution of the Council of the City of San José Adopting, Pursuant to Title 18 of the San José Municipal Code, Amendments to the San José 2020 General Plan, San José, California”, was adopted with clarification to GP 00-T-09 and GP 01-T-27 – “Building heights are defined by the air space requirements of the San José International Airport as established by the Federal Aviation Administration (FAA)” – and with direction to Staff to schedule GP 01-07-02 on the Agenda of the first General Plan Hearing in 2002. Vote: 10-0-1-0. Absent: Dando.
2.11 Review and approval of Annual Report on the
Status of the General Plan.
Documents Filed: Memorandum from Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel, dated November 15, 2001, recommending Council accept the annual report on the status of the General Plan required pursuant to Assembly Bill 1678.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Annual Report on the status of the General Plan required, pursuant to Assembly Bill 1678, was accepted. Vote: 10-0-1-0. Absent: Dando.
ADJOURNMENT
The Council of the City of San José adjourned at 10:40 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK