MINUTES OF THE CITY COUNCIL

 

SAN JOSÉ, CALIFORNIA                                                          TUESDAY, AUGUST 21, 2001

 

The Council of the City of San José reconvened in City Council Chambers at 7:35 p.m., City Hall, to consider proposed amendments to the San José 2020 General Plan.

 

Present: Council Members:          Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members:           None.

 

Documents filed: (1) Memorandum from Joseph Horwedel, Acting Director, Department of Planning, Building and Code Enforcement, dated August 2, 2001, transmitting the report binder entitled: General Plan Report: August 2001 Hearings on Housing Related Amendments containing: (a) Memorandum from Joseph Horwedel, Acting Director, Department of Planning, Building and Code Enforcement, dated August 2, 2001, summarizing the major issues raised in the amendments; (b) Memorandum from Joseph Horwedel, Acting Director, Department of Planning, Building and Code Enforcement, dated August 14, 2001, providing recommendations from the Planning Commission on the proposed amendments; (c) Individual Staff reports for each amendment request, organized by City Council District; and (d) Letters from City Departments, Agencies, Commissions, and community members. (2) Notice of Public Hearings for proposed housing amendments to the San José 2020 General Plan, dated July 20, 2001, and Proofs of Publication of Notices of Public Hearings executed on July 27, 2001, submitted by the City Clerk.

 

INTRODUCTION

 

Mayor Gonzales welcomed everyone to the first of two City Council public hearings on the General Plan Amendments; the second session of the 2001 Annual Review of the General Plan is scheduled for August 28, 2001. He stated copies of the agendas for the meeting are available on the table at the public entrance of Chambers, and a copy of the General Plan Amendment binder containing staff reports for the August 2001 Amendments is available for inspection at the Press Table located in the front of Chambers. He stated motions for approval made by the City Council during tonight’s meeting, regarding amendments to the General Plan, are tentative; therefore, at the August 28, 2001 Public Hearing the Council will address the need to reconsider any of the tentative votes made this evening, and anyone having questions regarding the reconsideration process should direct their concerns to City Staff. He stated the City Council, at the conclusion of the August 28, 2001 meeting, is scheduled to take final action on the housing-related amendments; however, during tonight’s meeting, the City Council will consider the Consent Calendar and Public Hearing Items 2.8, 2.9, 2.15, and 2.16; all other items will be heard on August 28, 2001.

 

Referencing the procedures for public testimony during tonight’s hearing, he stated all individuals desiring to address the City Council must complete the “Citizen’s Request to Speak” card and submit the card(s) to the City Clerk; following Staff presentations, if any, applicants will be allowed five minutes to present their proposal and five minutes for rebuttal; other individuals will be allowed two minutes to comment on Agenda items.

 

CONSENT CALENDAR

 

               Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Consent Calendar was approved and the below listed actions taken as indicated. Vote: 11-0-0-0.

 

1.1       General Plan Amendment request to change the Land Use/Transportation Diagram designation from General Commercial to Residential Support for the Core Area (25+ DU/AC) on a 2.1 gross acre site located on the southwest corner of West Santa Clara Street and Delmas Avenue. (San Jose Water Company, Owner/Staff, Applicant). CEQA: Housing Opportunity Study General Plan Amendment Phase I EIR, City Council Resolution No. 70174. Director of Planning, Building and Code Enforcement and Planning Commission recommends Mixed Use with No Underlying Land Use Designation (6-0-1).  SNI:  Josefa/Auzerais.

            GP 00-03-05a – District 3

 

            Discussion/Action: William J. Garbett spoke in opposition to the proposal. The recommendation of the Director of Planning, Building and Code Enforcement and the Planning Commission for approval of a Land Use/Transportation Diagram designation of Mixed Use with No Underlying Land Use Designation on a 2.1 gross acre site was tentatively approved. Vote: 11-0-0-0.

 

1.2       General Plan Amendment request to change the Land Use/Transportation Diagram designation from General Commercial to Residential Support for the Core Area (25+ DU/AC) on a 4.5 gross acre site located on the southeast corner of West Santa Clara Street and Delmas Avenue. (San Jose Water Company, Owner/Staff, Applicant). CEQA: Housing Opportunity Study General Plan Amendment Phase I EIR, City Council Resolution No. 70174. Director of Planning, Building and Code Enforcement and Planning Commission recommend No Change to the General Plan (6-0-1).  SNI:  Josefa/Auzerais.

            GP 00-03-05b – District 3

 

            Discussion/Action: William J. Garbett spoke in opposition to the proposal. The recommendation of the Director of Planning, Building and Code Enforcement and the Planning Commission for No Change to the General Plan for the subject 4.5 gross-acre site was tentatively approved. Vote: 11-0-0-0.

 

1.3       General Plan Text Amendment to modify the Urban Design Policies to allow maximum building heights to be defined by the airspace requirements of the San Jose International Airport on a 9.36 gross acre site on the property generally bounded by Santa Clara Street, Guadalupe River, San Fernando Street, and Los Gatos Creek. (San Jose Water Company, Owner/Silicon Valley Advisors, Applicant). CEQA: Addendum to the Phase I Housing Opportunity Study EIR. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).  SNI:  Josefa/Auzerais.

            GP 01-T-03 – District 3

 

            Discussion/Action: William J. Garbett spoke in opposition to the proposal. The recommendation of the Director of Planning, Building and Code Enforcement and the Planning Commission for approval of a General Plan Text Amendment to modify the Urban Design Policies to allow maximum building heights to be defined by the airspace requirements of the San José International Airport on the subject 9.36 gross acre site was tentatively approved. Vote: 11-0-0-0.

 

1.4       General Plan Amendment request to change the Land Use/ Transportation Diagram designation from Combined Industrial/Commercial to High Density Residential (25-50 DU/AC) on a 9.0 gross acre site located on the southeast corner of U.S. 101/Bayshore Freeway and Oakland Road.  (Modern Ice Company, Owner/Ruth & Going, Inc., Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).  SNI:  13th Street.

            GP 01-03-02 – District 3

            Discussion/Action: This Item was renumbered to Item 2.18.

 

1.5       General Plan Amendment request to change the Land Use/Transportation Diagram designation from Medium density Residential (8-16 DU/AC) on 1.38 acres and General Commercial on 1.38 acres to Transit Corridor Residential (20+ DU/AC) on a 2.76 gross acre site located in an area generally bounded by Santa Clara Street, Union Pacific Railroad tracks, Shortridge Avenue, and South 26th Street (Empire Lumber Site). (Pacific States Investment Company, Owner/Chris Lamen and Associates, Inc., Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).  SNI:  Five Wounds/Brookwood Terrace.

            GP 01-03-03 – District 3

 

            Discussion/Action: William J. Garbett spoke in opposition to the proposal. This item was deferred to August 28, 2001.

 

1.6       General Plan Amendment request to change the Land Use Transportation diagram designation from Light Industrial (Jackson-Taylor Planned Residential Community) to Medium High Density Residential (12-25 DU/AC) (Jackson-Taylor Planned Residential Community) and associated Text Amendment to reflect the proposed changes in the Jackson-Taylor Residential Strategy on a 8.39 gross acre site located on the south side of Jackson Street, between North Seventh and North Ninth Streets. (Mariani Packing Partnership, Owner/Pulte Home Corp., Applicant).  CEQA: Negative Declaration. Director of Planning, Building and Code Enforce-ment and Planning Commission recommend approval (6-0-1).

            GP 01-03-04/GP 01-T-19 – District 3

 

            Discussion/Action: William J. Garbett spoke in opposition to the proposal. The recommendation of the Director of Planning, Building and Code Enforcement and the Planning Commission for a Land Use/Transportation Diagram designation of Medium High Density Residential (12-25 DU/AC) and associated Text Amendment to reflect the proposed changes in the Jackson-Taylor Residential Strategy on the subject 8.39 gross acre site were tentatively approved. Vote: 11-0-0-0.

 

1.7       General Plan Amendment request to change the Land Use/Transportation Diagram designation from Light Industrial on 5.6 acres and Public Park/Open Space on 1.3 acres to Medium High Density Residential (12-25 DU/AC) on a 6.9 gross acre site located on the west side of North King Road, approximately 1,150 feet south of Berryessa Road. (Angie Salamoni, Owner/HMH, Inc., Applicant).  CEQA:  Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval with direction to confirm Public Park and Open Space Acreage and Trail location prior to City Council (6-0-1).

            GP 01-04-02 – District 4

 

            Discussion/Action: This Item was renumbered to Item 2.19.

 

1.8       General Plan Amendment request to change the Land Use Transportation diagram designation from Combine Industrial/Commercial  (Midtown Planned Community) to Transit-Oriented Mixed Use (40-100 DU/AC) (Midtown Planned Community) and associated Text Amendment to modify the description of intensities of allowed uses within the Midtown Planned Community and Midtown Specific Plan on a 13.3 gross acre site located on the north side of Auzerais Avenue between Sunol Avenue and Los Gatos Creek.  (Del Monte Corporation, Owner/Staff, Applicant). CEQA: Housing Opportunity Study General Plan Amendment Phase EIR, City Council Resolution No. 70174. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).  SNI:  Burbank/Del Monte.

            GP 00-06-01b/GP 00-T-04 – District 6

 

            Discussion/Action: William J. Garbett spoke in opposition to the proposal. The recommendation of the Director of Planning, Building and Code Enforcement and the Planning Commission for a Land Use/Transportation Diagram designation of Transit-Oriented Mixed Use (40/100 DU/AC) and associated Text Amendment to modify the description of intensities of allowed uses within the Midtown Planned Community and Midtown Specific Plan on the subject 13.3 gross acre site were tentatively approved. Vote: 11-0-0-0.

 

1.9       General Plan Amendment request to change the General Plan Land Use/Transportation Diagram designation from Light Industrial with Mixed Industrial Overlay to Mixed Use with No Underlying Land Use Designation on a 4.18 acre site generally bounded by Stockton Avenue, Cinnabar Street, and West Julian Street and an associated Text Amendment to amend Appendix F: Mixed Use Inventory. (Various, Owner/San Jose City Council, Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

            GP 00-06-08/GP 01-T-30 – District 6

 

            Discussion/Action: William J. Garbett spoke in opposition to the proposal. The recommendation of the Director of Planning, Building and Code Enforcement and the Planning Commission for a Land Use/Transportation Diagram designation of Mixed Use with No Underlying Land Use Designation on the subject 4.18 acre site and an associated Text Amendment to amend Appendix F: Mixed Use Inventory were tentatively approved. Vote: 11-0-0-0.

 

1.10     General Plan Text Amendment to allow affordable and additional residential units in the Central Coyote area. (Housing Production Team Recommendations 7 and 21). (City Council). CEQA: Reuse of San Jose 2020 EIR adopted by Resolution 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

            GP 01-T-20

 

            Discussion/Action: William J. Garbett spoke in opposition to the proposal. Bob Brownstein spoke in support of the proposed amendment. The recommendation of the Director of Planning, Building and Code Enforcement and the Planning Commission for a General Plan Text Amendment to allow affordable and additional residential units in the Central Coyote area was tentatively approved. Vote: 11-0-0-0.

 

1.11     General Plan Text Amendment to expand the Residential Uses on Commercially Designated Parcels Discretionary Alternate Use Policy to include office use.  (Housing Production Team Recommendation 49). (City Council). CEQA: Reuse of San Jose 2020 EIR adopted by Resolution 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

            GP 01-T-22

 

            Discussion/Action: William J. Garbett spoke in opposition to the proposal. The recommendation of the Director of Planning, Building and Code Enforcement and the Planning Commission for a General Plan Text Amendment to expand the Residential Uses on Commercially Designated Parcels Discretionary Alternate Use Policy to include office use was tentatively approved. Vote: 11-0-0-0.

 

1.12     General Plan Text Amendment to discourage large non-residential/institutional uses next to each other on residentially designated areas. (Staff)  CEQA: Reuse of San Jose 2020 EIR adopted by Resolution 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

            GP 01-T-35

 

            Discussion/Action: William J. Garbett addressed the Council in opposition to the proposal. The recommendation of the Director of Planning, Building and Code Enforcement and the Planning Commission for a General Plan Text Amendment to discourage large non-residential/institutional uses next to each other on residentially designated areas was tentatively approved. Vote: 11-0-0-0.

 

END OF CONSENT CALENDAR

 

PUBLIC HEARINGS

 

2.1       PUBLIC HEARING on General Plan Amendment request to change the General Plan Land Use/Transportation Diagram designation from Medium Low Density Residential (8 DU/AC) on 0.58 acre, High Density Residential (25-50 DU/AC) on 0.55 acre, and General Commercial on 0.58 acre to Transit Corridor Residential (20+ DU/AC) on a 1.71 gross acre site located at the southwest corner of Winchester Boulevard and Moorpark Avenue. (Margaret & Richard Orlandi, and Saberi & Hermosillo Ramiro, Owner/Silicon Valley Advisors, Applicant). CEQA: Negative Declaration pending. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).  District 1.  SNI:  Winchester.

            GP 01-01-01 – District 1

 

            Discussion/Action: This item was continued to August 28, 2001.

 

2.2       PUBLIC HEARING on General Plan Text Amendment to modify the Urban Design Policies to increase the maximum building height from 50 to 120 feet on a 1.71 gross acre site located at the southwest corner of Winchester Boulevard and Moorpark Avenue. (Margaret & Richard Orlandi, Andy Saberi & Hermosillo Ramiro, Owner/Silicon Valley Advisors, Applicant). CEQA: Negative Declaration pending.  Director of Planning, Building and Code Enforcement recommends no change to the General Plan. Planning Commission failed to make a recommendation (3-3-1).  Per San José Municipal Code 18.08.100, the Commission’s failure to make a report is deemed to be a negative recommendation.  SNI:  Winchester.

            GP 01-T-13 – District 1

 

            Discussion/Action: This item was continued to August 28, 2001.

 

2.3       PUBLIC HEARING on General Plan Amendment request to change the Land Use/Transportation Diagram designation from Low Density Residential (5 DU/AC) on 17.9 acres and Non-Urban Hillside on 3.7 acres to Medium Density Residential (8-16 DU/AC) on a 21.6 gross acre site located on the easterly side of U.S. 101 and northerly of Metcalf Road. (Braddock & Logan Group, Owner/HMH, Inc., Applicant). CEQA: Pending. Director of Planning, Building and Code Enforcement and Planning Commission recommend deferral to 2002 General Plan Review.

            GP 01-02-01 – District 2

 

            Discussion/Action: This item was continued to the 2002 General Plan Review.

 

2.4       PUBLIC HEARING on General Plan Amendment request to change the Land Use/Transportation Diagram designation from Industrial Park (Rincon South Planned Community) to Transit Corridor Residential (25-65 DU/AC) on 3.02 acres and Industrial Park with Hotel (Rincon South Planned Community) on 3.38 acres and associated Text Amendment to reflect the proposed changes in the Rincon South Specific Plan on a 6.4 gross acre site located on the southwest corner of North First Street and Metro Drive. (Airport IV, Owner/Silicon Valley Advisors, Applicant). CEQA: Reuse of the San Jose 2020 EIR adopted by Resolution No. 65459.

            GP 01-03-01/GP 01-T-29 – District 3

 

            Discussion/Action: This item was continued to November 6, 2001.

 

2.5       PUBLIC HEARING on General Plan Amendment request to change the Land Use/Transportation Diagram designation from Medium High Density Residential (12-25 DU/AC) (Tamien Station Area Planned Community) to High Density Residential (25-40 DU/AC) (Tamien Station Area Planned Community) and associated Text Amendment to reflect the proposed changes in the Tamien Station Area Specific Plan, to change the setback requirements and to allow a maximum building height of 65 feet on 0.6 gross acre site located on the northeast corner of Lick Avenue and Floyd Street. (John and Marjorie Previtera, Owner/Core Development, Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend denial/no change to the General Plan (6-0-1).

            GP 01-03-06/GP 01-T-07 – District 3

 

            Discussion/Action: This item was dropped from the Agenda.

 

2.6       PUBLIC HEARING on General Plan Amendment request to change the Land Use/Transportation Diagram designation from Mixed Use (25-55 DU/AC)  (Tamien Station Area Planned Community) to Mixed Use (25-150 DU/AC) (Tamien Station Area Planned Community) and associated Text Amendment to reflect the proposed changes in the Tamien Station Area Specific Plan to increase residential densities up to 150 DU/AC in the Mixed Use designation and to allow a maximum building height of 120 feet on a 2.7 gross acre site located on the northeast corner of Highway 87 and Alma Avenue. (Duad Properties, Owner/Barry Swenson Builder, Applicant). CEQA:  Negative Declaration.  SNI:  Washington.

            GP 01-03-07/GP 01-T-08 – District 3

 

            Discussion/Action: This item was continued to November 6, 2001.

 

2.7       PUBLIC HEARING on General Plan Amendment request to change the Land Use Transportation diagram designation from Medium High Density Residential (12-25 DU/AC) with a height limit of 40 feet (Jackson-Taylor Planned Residential Community) to Transit Corridor Residential (20+ DU/AC) and associated Text Amendment to reflect the proposed changes for a height limit of 50 feet in the Jackson-Taylor Planned Residential Community on a 1.3 gross acre site located on the northeast corner of North Ninth Street and Jackson Street. (Martin and Neil Feldman, Owner/Core Development, Inc., Applicant). CEQA: Negative Declaration.

            GP 01-03-08/GP 01-T-17 – District 3

 

            Discussion/Action: This item was dropped from the Agenda.

 

2.8              PUBLIC HEARING on General Plan Text Amendment request to amend the Tamien Station Area Specific Plan to allow a maximum building height of 120 feet on a 9.15 gross-acre site located at the southwest corner of Highway 87 and Alma Avenue (Elks Lodge Site). (San Jose Elks Building Company, Owner/Silicon Valley Advisors, Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement recommends approval of 120 foot building height on 1.7-acre portion of the northerly corner of the site. Planning Commission recommends 120-foot building height on 3.0 acres, 90 feet on 1.5 acres, and 65 feet on 4.65 acres (6-0-1).

            GP 01-T-06 – District 6

 

            Documents filed: Memorandum from Council Member Yeager, dated August 20, 2001, recommending Council approve the requested General Plan amendment.

 

Discussion/Action: Mayor Gonzales opened the public hearing on the General Plan Text Amendment request to amend the Tamien Station Area Specific Plan. Applicant Ed Alvarez of the Silicon Valley Advisors, real estate advisors to the San Jose Elks Building Company, offered a point of clarification with respect to the Agenda Item. He stated the application filed requested an amendment to the Tamien Station Specific Plan to allow a maximum building height of 120 feet for the entire property and not as stated in the Planning Commission recommendation to increase the maximum building height to 120 on a 1.7-acre portion of the site. The following individuals addressed Council on the proposed text amendment: Stan Keller, San José Elks; Neil Struthers, CEO, Building Trades Council of Santa Clara-San Benito Counties; Laura Stuchinsky, Silicon Valley Manufacturing Group; Shiloh Ballard, Housing Action Coalition; Phyllis Ward, Affordable Housing Network; Sally Probst, Housing Action Coalition and League of Women Voters; Autumn Bernstein, Greenbelt Alliance, submitting for the public record postcards from approximately 175 signatories in support of in-fill growth to preserve open space; and Lawrence Ames. William J. Garbett spoke against the proposed action. To facilitate Council discussion of the requested Text Amendment change, Council Member Yeager stated the Tamien Station Area Specific Plan indicates the desire to maintain lower heights within the proximity of the riparian setback or flood control easement and to maintain the greatest setback between the river and the buildings. By limiting the allowed heights to a maximum of 65 feet, he stated the Specific Plan provides a buffer to the Guadalupe River to the west of the property, as well as to the single family residences to the south; it is also important to note that the project site abuts a portion of the Union pacific right-of-way for which the Specific Plan has set a 100-feet residential setback. He stated San José’s “Greenprint” for parks provides for the railroad right-of-way to become a trail corridor that would connect the Midtown Area to the Guadalupe River Creek Trail; therefore, consideration of any increase in height for this site should be sensitive to that connection. He recommended Council approve the Staff recommendation for the increase to 120 feet for the 1.7-acre portion of the property, predicated on the site analysis. Upon motion by Council Member Yeager, seconded by Council Member Williams and unanimously carried, the public hearing was closed, the recommendation of the Director of Planning, Building and Code Enforcement for a General Plan Text Amendment to allow a 120 foot building height on 1.7-acre portion of the northerly corner of the subject site was tentatively approved. Vote: 11-0-0-0.

 

2.9       PUBLIC HEARING on General Plan Amendment request to change the General Plan Land Use/Transportation Diagram designation from General Commercial to Medium Density Residential (8-16 DU/AC) on a 6.7 gross acre site located at the southerly side of Foxworthy Avenue at the terminus of Rubino Drive, just east of Almaden Road and the Guadalupe River. (Salvatore Rubino, et al, Owner/Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement recommends No Change to the General Plan. Planning Commission failed to make a recommendation (3-3-1). Per San José Municipal Code 18.08.100, the Commission’s failure to make a report is deemed to be a negative recommendation.

            GP 01-06-03 – District 6

 

            Documents filed: Memorandum from Council Member Yeager, dated August 20, 2001, recommending Council approve the requested General Plan amendment.

 

Discussion/Action: Mayor Gonzales opened the public hearing on the General Plan Amendment request to change the subject designation. Representing the owner/applicant, the Rubino Family, Norman E. Matteoni of Matteoni, Saxe & O’Laughlin Lawyers spoke in support of the General Plan Amendment, and commented on the proposed amendment in relation to residential development, as it exists with auto dealerships on Capitol Expressway Auto Mall. Neil Struthers, CEO, Building Trades Council of Santa Clara-San Benito Counties, and Autumn Bernstein, Greenbelt Alliance spoke in support of the proposed amendment. Bob Hansen asked Council to condition the approval with the intent that future uses of the property are compatible with adjoining properties. William J. Garbett spoke against the proposed action.

 

Council Member Dando advised Staff to follow up on the possible development of the land parcels acquired by the County for the Highway 87/Guadalupe Light Rail project, and the feasibility study described in the June 1999 letter from the Pinehurst Residents Association. Regarding the recommendation for the proposed request, Council Member Yeager stated strict adherence to the City’s current guidelines for project setbacks must be required, especially in regards to the riparian corridor to provide the greatest separation between the housing and the river. He stated additional concerns of noise generated by the adjacent auto uses can be mitigated through proper building design – well-designed sound walls – and material choices – heavy landscaping required at the southern portion of the site along Hillsdale Avenue. He stated the loss of potential land for auto storage by the change in General Plan designation of the site to residential was another concern. In analyzing the overall best use of the site, he suggested that the one-acre portion of the site directly east of the terminus of Rubino Drive should be developed under the current PD Zoning, which allows auto storage. He stated the separation of the parcel from remaining acreage provides an opportunity for auto storage use without compromising the living environment of new housing created on the main portion of the site; the configuration of the parcel makes it less desirable for housing or private open space. Upon motion by Council Member Yeager, seconded by Council Member Diquisto and unanimously carried, the applicant’s request for a General Plan Amendment to change the General Plan Land Use/Transportation Diagram designation to Medium Density Residential (8-16 DU/AC) on the subject 6.7 gross acre site was tentatively approved, with Staff directed to follow up on the concerns enumerated in the letter from Pinehurst Residents Association.  Vote: 11-0-0-0.

 

2.10     PUBLIC HEARING on General Plan Amendment request to change the Land Use/Transportation Diagram designation from Public Park/Open Space on a 15.8 acre site to High Density Residential (25-50 DU/AC) on 12.33 acres and Public/Quasi-Public on 3.5 acres located on the south side of Tully Road, approximately 100 feet east of South 10th Street. (County of Santa Clara, Owner/Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (4-2-1).

            GP 01-07-01 – District 7

 

            Discussion/Action: This item was continued to August 28, 2001.

 

2.11     PUBLIC HEARING on General Plan Amendment request to change the Land Use/Transportation diagram designation from Very Low Density Residential (2.0 DU/AC) on 6.3 acres, Non-Urban Hillside on 1.7 acres and Outside the Urban Service Area to Low Density Residential (5 DU/AC) and inclusion in the Urban Service Area for property located approximately 1,070 feet east of Murrillo Avenue and 380 feet northerly of Quimby Road. (Richard Ceraolo, Owner/HMH, Inc, Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval of Inclusion in the Urban Service area only.  No change in Land Use Designation (6-0-1).

            GP 01-08-01 – District 8

 

            Discussion/Action: This item was continued to August 28, 2001.

 

2.12     PUBLIC HEARING on General Plan Amendment request to change the Land Use/Transportation Diagram designation form Non-Urban Hillside on 24.9 acres and Rural Residential (0.2 DU/AC) on 8.5 acres (Silver Creek Planned Residential Community) to Estate Residential (1 DU/AC) (Silver Creek Planned Residential Community) on a 33.4 acre site located at the terminus of Wendover Lane between Yerba Buena Road and Neiman Avenue northerly of Woodbury Lane, and an associated Text Amendment to reflect changes to the Silver Creek Planned Residential Community. (Lion Estates, Owner/HMH, Inc., Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend no change to the General Plan (6-0-1).

            GP 01-08-02/GP 01-T-28 – District 8

 

            Discussion/Action: This item was continued to August 28, 2001.

 

2.13     PUBLIC HEARING on General Plan Amendment request to change the Land Use/Transportation Diagram designation from Very Low Density Residential (2 DU/AC) to Low Density Residential (5 DU/AC) on a 5.6 gross acre site located on the north side of Fleming Avenue at Warner Drive.  (Lands of Touce Properties, Owner/HMH, Inc, Applicant).  CEQA:  Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend no change to the General Plan (6-0-1).

            GP 01-08-03 – District 8

 

            Discussion/Action: This item was continued to August 28, 2001.

 

2.14     PUBLIC HEARING on General Plan Amendment request to change the Land Use/Transportation Diagram designation from General Commercial to High Density Residential (25-50 DU/AC) on a 4.18 gross acre site located on the southeasterly corner of Russo Dive and Cherryview Lane. (John Giacomazzi Owner/Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend no change to the General Plan (6-0-1).

            GP 01-09-01 – District 9

 

            Discussion/Action: This item was continued to August 28, 2001.

 

Items 2.15 and 2.16 were considered together.

 

2.15     PUBLIC HEARING on General Plan Amendment request to change the General Plan Land Use/Transportation Diagram designation from Neighborhood/Community Commercial to Mixed Use with No Underlying Land Use Designation on a 2.72 acre site located on the east side of Yucca Avenue, between Foxworthy and Hillsdale Avenues. The proposal includes a text amendment to add the precise mix of proposed uses to Appendix F of the General Plan. (Garrett Rajkovich et al, Owner/Hacienda Gardens, LLC, MacKay and Somps, Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend Mixed Use with No Underlying Designation with 12-25 DU/AC on 2.45 acres and Neighborhood Community Commercial on 0.27 acre and preparation of a Master Plan Development Zoning on the entire site (6-0-1).

            GP 01-09-02/GP 01-T-18 – District 9

 

2.16     PUBLIC HEARING on General Plan Amendment request to change General Plan Land Use/Transportation Diagram designation from Neighborhood/Community Commercial to High Density Residential (25-50 DU/AC) on a 9.5 acre site located on the westerly side of Meridian Avenue, approximately 350 feet northerly of Foxworthy Avenue. (Garrett Rajkovich, et al, Owner/Hacienda Gardens, LLC, MacKay and Somps, Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement recommends Medium High Density Residential (12-25) DU/AC). Planning Commission recommends Mixed Use with No Underlying Designation including 80-160 residential units and up to 88,000 square feet of commercial building area (6-0-1).

            GP 01-09-03 – District 9

 

            Documents filed: Memoranda from Council Member Diquisto, both dated August 21, 2001, recommending Council (1) approve a General Plan Land Use/Transportation Diagram designation of Mixed Use with No Underlying designation allowing for 12-25 DU/AC acre on 2.45 acres with 3000-9000 square feet of General Commercial for GP 01-09-02 (Item 2.15); and (2) approve a General Plan Land Use/Transportation Diagram designation of Mixed Use with No Underlying designation allowing 12-15 DU/AC and 0-88,000 square feet of General Commercial for GP 01-09-03 (Item 2.16).

 

            Discussion/Action: Mayor Gonzales opened the public hearings on the General Plan Amendment requests to change the General Plan Land Use/Transportation Diagram designations from Neighborhood/Community Commercial to (a) Mixed Use with No Underlying Land Use Designation on a 2.72-acre site, and (b) High Density Residential (25-50 DU/AC) on a 9.5 acre site. For purposes of discussion, Council Member Diquisto stated the Hacienda Gardens project has generated considerable concern related to the future of existing neighborhoods surrounding the referenced sites; therefore, in response to correspondence received in the District 9 Office, he stated the development of 600 units on the two parcels is excessive and a density which he would not support; secondly, the PW Supermarket and the Rotten Robbie Gas Station, which occupy the southeastern portion of the property, are not the subject of the amendment and will remain on the site; and finally, the proposed development consists of market-rate housing that will not be government-subsidized. As part of the Planning Department’s requirement to review at the Master Planned Development Zoning Process both sides of Foxworthy, he requested the creation of a committee comprised of residents, planning staff, District 9 Council Office, and the Developer to work on the proposal prior to any approval of the Zoning, thereby, allowing a forum for residents to work with the City and the Developer to ensure the best project possible. He recommended Council approve the proposed General Plan designations as contained in the August 21, 2001 memoranda for GP 01-09-02 – a General Plan Designation of Mixed Use with no underlying designation allowing for 12-25 units per acre on 2.45 acres with 3000-9000 square feet of General Commercial, and for GP 01-09-03 – a General Plan Designation of Mixed Use with no underlying designation allowing 12-25 units per acre and up to 88,000 square feet of General Commercial. As a point of clarification, Acting Director of Planning, Building and Code Enforcement, Joseph A. Horwedel stated the proposed amendments would allow the developer the option of creating either a housing project, or reconstruction of existing commercial uses, or a development consisting of a combination of housing and commercial uses. Mark Tersini, Hacienda Gardens applicant, presented background information on the proposed development, which would require the recommended General Plan Text Amendment, and endorsed the proposed configuration as requested.

 

Approximately 70 individuals addressed Council on the proposed amendments, including the following: Ken Richardson, Ken Pizzo, Noel Carpenter, Ninth District Neighborhood Action Committee; Charlotte Reichert, John Sellers, and Ben Carlucci spoke on various aspects of the proposed Text Amendments. The following individuals spoke in opposition to the proposed Text Amendments: Jeanne M. Barber, Charles Shaffer, Marguerite S. Gross, Robert Reininger, Mario Cuschieri, Larry Goldstein, Dave Lobach, Doug Hendey, Maureen Thrush, Cynthia Goldsborough, Matt Smith, Joe Pottgieser, Joan Smith, Janet Merriam, Steve Gomes, Jim Thrush, Thomas Goglio, Pat Dinapoli, Toni Felice, Rhonda Hanson, Wendy Lingo, Robert Hansen, Greg Carpenter, Tom Rossmeisi, Flora Fishoff, Rose Marie Flowers, Patricia Stowe, Gary Young, Hometown Buffet, Eric Sitterle, Jean Kudlick, Benson & Wasona, Hope T. Solomon, Irwin Solomon, Kevin Marks, Gina Marciano, Jerry Garrity, Colette M. Cluff, Isak Tenenboyen, Mary Ann Healy, R. Berklund, Steve Rawlinson, Eric McCall, Melinda Gedryn, Dan Magliari, Michael Owenholt, Chris Acosta, William J. Garbett, Sharon Diamond, Clarence Shuh, Kris Saba, Peter Boggini, Ann Bernal Stea, Rina Quijano, Mark Osborn, Dominick Sfea, Neil Struthers, CEO, Building Trades Council of Santa Clara-San Benito Counties; and Autumn Bernstein, Greenbelt Alliance.

 

In rebuttal to speakers’ comments related to density issues, revitalization of the deteriorated and underutilized shopping center, and compatibility issues related to existing residential neighborhoods, Sue Dillon of MacKay and Somps Civil Engineers, representing the applicant, stated the proposed land use change for 12-25 DU/AC units on the 2.45 acre-site is consistent with the City’s goal to manage growth and encourage compact, efficient infill development, and conforms to the San José 2020 General Plan which encourages the recycling of underutilized properties. In response to Council Member Yeager’s concern related to the medium to high-density designations for the sites and the deciding factors that would determine the maximum number of units allowed, the directive to Staff to provide a more compatible interface with the existing single-family neighborhood was recommended for inclusion in Council’s approval of the related amendments. With respect to the speakers’ comments and concerns and for implementation by Staff, Council Member Dando underscored the necessity to maintain the Applicant’s proposal for the 120 square foot-commercial development; that the City review its responsibilities to relieve traffic congestion in the neighborhoods surrounding the proposed site; at the PD Permit Zoning phase of the project, involvement of the community in the consideration of high-density development; and to ensure privacy for adjacent neighborhoods, the installation of appropriate landscaping to create a buffer around the perimeter. Regarding the development and unresolved parking issues, Council Member LeZotte asked Staff to increase the parking ratio beyond existing policy provisions; and that the Developer be invited to participate in traffic calming efforts as the project proceeds. Recommending approval of the designations contained in Council Member Diquisto’s memoranda, Council Member Yeager reiterated the recommendations for GP 01-09-02/GP 01-T-18 and GP 01-09-03 – District 9 – and identified additional items to be completed as directed.

 

Upon motion by Council Member Diquisto, seconded by Council Member Dando and unanimously carried, the public hearings were closed, the General Plan land use designations of Mixed Use with No Underlying designation allowing for 12-25 units per acre on 2.45 acres and up to 88,000 square feet of General Commercial, were tentatively approved with the following directives: (1) That Staff ensure the following occurs at the PD Zoning stage with the involvement of a community Task Force: (a) The project should beneficially interface with the existing neighborhood; (b) Retail stores should be included in the project; (c) Traffic analysis should be prepared to help determine the appropriate overall density of the project; and (d) The project should address issues of traffic calming, public parks, building heights, and parking requirements; and (2) That the Applicant be requested to honor all existing leases within the shopping center and to work with existing tenants that wish to remain in the revitalized shopping center.

Vote: 11-0-0-0.

 

2.17     PUBLIC HEARING on General Plan Amendment request to change the Land Use/Transportation Diagram designation from South Almaden Valley Reserve Land Outside the Urban Service Area to Removal from the South Almaden Valley Urban Reserve, Inclusion within the Urban Service Area and Low Density Residential (5 DU/AC) on a 2.3 acre site located approximately 450 feet southeasterly of Almaden and McKean Roads.  (Vernon and Joanne Anzalene/Anzalene Trust, Owner/ICRES Applicant).  CEQA:  EIR incomplete.

            GP 01-10-01 – District 10

 

            Discussion/Action: This item was dropped from the Agenda.

 

2.18     General Plan Amendment request to change the Land Use/ Transportation Diagram designation from Combined Industrial/Commercial to High Density Residential (25-50 DU/AC) on a 9.0 gross acre site located on the southeast corner of U.S. 101/Bayshore Freeway and Oakland Road. (Modern Ice Company, Owner/Ruth & Going, Inc., Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).  SNI:  13th Street.

            GP 01-03-02 – District 3

 

            Discussion/Action: This item, renumbered from Item 1.4, was continued to August 28, 2001.

 

2.19     General Plan Amendment request to change the Land Use/Transportation Diagram designation from Light Industrial on 5.6 acres and Public Park/Open Space on 1.3 acres to Medium High Density Residential (12-25 DU/AC) on a 6.9 gross acre site located on the west side of North King Road, approximately 1,150 feet south of Berryessa Road. (Angie Salamoni, Owner/HMH, Inc., Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval with direction to confirm Public Park and Open Space Acreage and Trail location prior to City Council (6-0-1).

            GP 01-04-02 – District 4

 

            Discussion/Action: This item, renumbered from Item 1.7, was continued to August 28, 2001.

 

Adjournment

 

            The Council of the City of San José adjourned the General Plan Public Hearings at 11:35 p.m.

 

 

RON GONZALES, MAYOR

 

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK