MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA                                                  TUESDAY, MAY 7, 2002

The Council of the City of San José convened in regular session at 7:50 p.m. in City Council Chambers at City Hall, to consider proposed amendments to the San José 2020 General Plan.

 

Present: Council Members:       Campos, Chavez, Cortese, Dando, Reed, Shirakawa, Jr., Williams, Yeager.

Absent: Council Members:        Diquisto, LeZotte; Gonzales (all excused).

 

Documents Filed: (1) Notice of Public Hearing, dated April 2, 2002, and Proofs of Publication of hearing notice, executed April 5 and April 6, 2002, submitted by the City Clerk.

 

CONSENT CALENDAR

Upon motion by Council Member Dando, seconded by Council Member Reed, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales

 

1.1       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) for property located on the easterly side of U.S. 101 and northerly of Metcalf Road on a 21.6 acre site. (Braddock & Logan Group, Owner/HMH Inc., Applicant). CEQA:  Pending.

GP 01-02-01 - District 2

(Continued from 8/21/01 and 11/6/01 – Item 1.21)

 

Documents Filed: None.

 

Discussion/Action: This item was continued to September 3, 2002.

 

1.2       PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Medium Density Residential (8-16 DU/AC) to General Commercial on 0.3 acre located at east side of South 10th Street, approximately 60 feet of South Keyes Street. (Dung Ha and Kieu Huynh, Owner/T Square Consulting Group, Inc., Applicant). CEQA:  Pending.

GP 01-03-10 – District 3

(Continued from 11/6/01 – Item 1.22)

 

Documents Filed: None.

 

Discussion/Action: This item was continued to September 3, 2002.

 

1.3       PUBLIC HEARING ON 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) for property located on the southwest corner of North Fifth Street and East St. John Street on a 0.4 acre site. (The Redevelopment Agency, Applicant/Various, Owners). SNI:  13th Street. CEQA:  Addendum to Civic Plaza Redevelopment Plan Resolution No. 68905. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

GP 01-03-11 – District 3

(Continued from 11/6/01 – Item 1.2)

 

Documents Filed: None.

 

Discussion/Action: The applicant withdrew his request for said General Plan amendment on February 20, 2002, and the item was dropped from the agenda.

 

1.4       PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT to modify Urban Design Policies to allow for a maximum building height per FAA regulations for the property located on the north side of East Santa Clara Street, between North Fourth and North Fifth Streets on a 1.5 acre site. (Flamengo and Lo Associates, et al, Owner/The Redevelopment Agency, Applicant). SNI:  13th Street. CEQA:  Addendum to Civic Plaza Redevelopment Plan Resolution No. 68905. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

GP 01-T-26 -District 3

(Continued from 11/6/01 – Item 1.19)

 

Documents Filed: None.

 

Discussion/Action: The applicant withdrew his request for said General Plan amendment on February 20, 2002, and the item was dropped from the agenda.

 

1.5       PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to change the General Plan Land Use/Transportation Diagram designation to modify the Rincon South Specific Plan to allow a maximum building height of 90 feet for the property located in the area generally bounded by the south side of Skyport Drive, North Fourth Street, Highway 880, and North First Street on a 72.4 acre site. (Staff, Applicant). CEQA:  Negative Declaration.

GP 01-T-38 – District 3

(Continued from 11/6/01 – Item 1.39)

 

Documents Filed: None.

 

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

 

1.6       PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram designation from Medium Low Density Residential (8.0 DU/AC) on 2.7 acres, Medium Density Residential (8-16 DUAC) on 2.8 acres, General Commercial within a Neighborhood Business District Overlay on 0.7 acre to Private Open Space on 5.5 acres, and Private Open Space with a Neighborhood Business District Overlay on 0.7 acre for property located on the east side of Alexander Avenue, between Alum Rock and Madden Avenues on a 6.2 acre site. (Roman Catholic Bishop of San Jose, Owner/Gate of Heaven Cemetery, Applicant). CEQA:  Incomplete.

GP 01-05-01 – District 5

(Continued from 11/6/01 – Item 1.25)

 

Documents Filed: None.

 

Discussion/Action: The applicant withdrew his request for said General Plan amendment on March 11, 2002, and the item was dropped from the agenda.

 

1.7       PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram designation from Medium High Density Residential (12-25 DU/AC) on 1 acre, Medium Density Residential (8-16 DU/AC) on 0.4 acres and General Commercial on 0.3 acres to Transit Corridor Residential (20+ DU/AC) for property located at the northwest corner of Alum Rock and Alexander Avenues on a 1.7-acre site. (Staff, Applicant). CEQA:  Pending.

GP 01-05-02 – District 5

(Continued from 11/6/01 – Item 1.26)

 

Documents Filed: None.

 

Discussion/Action: This item was continued to June 4, 2002.

 

1.8       PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land/Use Transportation Diagram designation from General Commercial to Transit Corridor Residential (20+ DU/AC) for property located at the northwest corner of Alum Rock and South Jackson Avenues on a 1-acre site. (Staff, Applicant). CEQA:  Pending.

GP 01-05-03 – District 5

(Continued from 11/6/01 – Item 1.27)

Documents Filed: None.

 

Discussion/Action: This item was continued to June 4, 2002.

 

1.9       PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram designation from General Commercial to Transit Corridor Residential (20+ DU/AC) for property located on the northeast corner of Alum Rock and Jose Figueres Avenues on a 2.5 acre site. (Staff, Applicant). CEQA:  Pending.

GP 01-05-04 – District 5

(Continued from 11/6/01 – Item 1.28)

 

Documents Filed: None.

 

Discussion/Action: This item was continued to June 4, 2002.

 

1.10     PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram designation from General Commercial to Transit Corridor Residential (20+ DU/AC) for property located on the north side of Alum Rock Avenue and both sides of North Sunset Avenue on a 7.6 acre site. (Staff, Applicant). CEQA:  Pending.

GP 01-05-05 – District 5

(Continued from 11/6/01 – Item 1.29)

 

Documents Filed: None.

 

Discussion/Action: This item was continued to June 4, 2002.

 

1.11     PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram from Heavy Industrial to Mixed Use with No Underlying Land Use Designation on 15.6 acres for the property located on both sides of Sunol Street, between Savaker Street, Home Street, and Highway 280. (Reed and Graham Inc./Silicon Valley Advisors, Applicant). CEQA:  Pending.

GP 01-06-01 – District 6

[Continued from 11/6/01 – Item 1.30 (a)]

 

Documents Filed: None.

 

Discussion/Action: This item was continued to June 4, 2002.

 

1.12     PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to change the General Plan Land Use/Transportation Diagram to Amend Appendix F:  Mixed Use Inventory to describe Mixed Use designation; Modify the Urban Design Policies to allow for maximum building heights of 220 feet for office uses on 15.6 acres for the property located on both sides of Sunol Street, between Savaker Street, Home Street, and Highway 280. (Reed and Graham Inc./Silicon Valley Advisors, Applicant). CEQA:  Pending.

GPT 01-06-01 (formerly GP 01-T-10) – District 6

[Continued from 11/6/01 – Item 1.30(b)]

 

Documents Filed: None.

 

Discussion/Action: This item was continued to June 4, 2002.

 

1.13     PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram designation from General Commercial to Transit Corridor Residential (20+ DUAC) for the property located at the northeast corner of West San Carlos Street and Willard Avenue. (Staff, Applicant). CEQA:  Pending.

GP 01-06-09 – District 6

(Continued from 11/6/01 – Item 1.31)

 

Documents Filed: None.

 

Discussion/Action: This item was continued to December 3, 2002.

 

1.14     PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram designation from General Commercial on 0.4 acre to Transit Corridor Residential (20+ DUAC) for the property located at the north side of West San Carlos Street between Willard and Buena Vista Avenues. (Staff, Applicant) CEQA:  Pending.

GP 01-06-10 – District 6

(Continued from 11/6/01 – Item 1.32)

 

Documents Filed: None.

 

Discussion/Action: This item was continued to June 4, 2002.

 

1.15     PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram designation from General Commercial on 0.9 acre to Transit Corridor Residential (20+ DUAC) for the property located at the north side of West San Carlos Street between Buena Vista and Dana Avenues. (Staff, Applicant). CEQA:  Pending.

GP 01-06-11 – District 6

(Continued from 11/6/01 – Item 1.33)

 

Documents Filed: None.

 

Discussion/Action: This item was continued to December 3, 2002.

 

1.16     PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram designation from General Commercial on 3.9 acres to Transit Corridor Residential (20+ DUAC) for the property located at the south side of West San Carlos Street between Meridian Avenue and Page Street. (Staff, Applicant). CEQA:  Pending.

GP 01-06-12 – District 6

(Continued from 11/6/01 – Item 1.34)

 

Documents Filed: None.

 

Discussion/Action: This item was continued to December 3, 2002.

 

1.17     PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram designation from South Almaden Valley Urban Reserve on 41.5 acres to South Almaden Valley Urban Reserve and Public/Quasi-Public for the property located at the north side of McKean Road, approximately 1,500 feet westerly of Fortini Road. (City Council, Applicant). CEQA:  Mitigated Negative Declaration.

GP 01-10-02 – District 10

[Continued from 11/6/01 – Item 1.37 (a)]

 

Documents Filed: None.

 

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

 

1.18     PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend the text to reflect proposed changes to the South Almaden Valley Urban Reserve. (City Council, Applicant). CEQA:  Pending.

GPT 01-10-02 (formerly GP01-T-31) – District 10

[Continued from 11/6/01 – Item 1.37 (b)]

 

Documents Filed: None.

 

Discussion/Action: This item was continued to June 4, 2002.

 

1.19     PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT to modify the residential densities for Medium High Density Residential to allow for 17 to 30 dwelling units per net acre and High Density Residential to allow 31 to 50 dwelling units per net acre. (Staff, Applicant). CEQA:  Pending.

GP 01-T-21 – Citywide

(Continued from 11/6/01 – Item 1.38)

 

Documents Filed: None.

 

Discussion/Action: This item was continued to December 3, 2002.

 

END OF CONSENT CALENDAR

2.1       (a)        PUBLIC HEARING and approval of an urgency ordinance modifying Section 18.30.220 of Chapter 18.30 of Title 18 of the San José Municipal Code to set forth additional criteria in the Alviso Planning Area that would be considered a minor modification to the Urban Growth Boundary. CEQA:  Planning Commission Resolution No. 02-027 for certification of EIR and additional CEQA Resolution No. 70965. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2). Citywide

(b)        PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend the text to reflect the proposed changes to the Alviso Planned Community and Alviso Master Plan on a 17-acre site. (Newby Island Improvement Company, Owner/HMH, Inc., Applicant) CEQA:  Planning Commission Resolution No. 02-027; City Council Resolution No. 70965. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).

GPT 01-04-03 (formerly GP 01-T-37) – District 4

[Continued from 11/6/01 – Item 1.24(b)]

 

Documents Filed: (1) Memorandum from Secretary of the Planning Commission, Stephen M. Haase, dated April 25, 2002, stating the Planning Commission recommends the City Council approve the proposed amendment to the San José 2020 General Plan Land Use/Transportation Diagram, approve text amendments to the Alviso General Master Plan and Alviso Planned Community and revision of Title 18, regarding proposed changes to the Alviso Planned Community and Alviso Master Plan on a certain 17 acre site, and recommending the approval of GP02-T-02, with certain modifications. [Items 2.1(a)(b), 2.2 and 2.3]; (2) Memorandum from Director of Planning, Building and Code Enforcement, Stephen M. Haase, dated April 2, 2002, stating Planning Staff recommends the adoption of an ordinance to amend Title 18 of the San José Municipal Code, Section 18.30.220 to set forth additional criteria in the Alviso Planning Area that would be considered a minor modification to the Greenline/Urban Growth Boundary [Item 2.1(a)]. (3) Report of the Staff of the Department of Planning, Building, and Code Enforcement on Items 2.1(b) and 2.2, recommending Light Industrial (Alviso Planned Community), expansion of the Urban Growth Boundary, expansion of the Urban Service Area and adoption of the associated text amendment to the Alviso Master Plan.

 

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Reed, seconded by Council Member Chavez, and unanimously carried, the recommendation of the Planning Commission and Planning Director was approved and Ordinance No. 26631, entitled: “An Urgency Ordinance of the City of San José Amending Section 18.30.220 of Chapter 18.30 of Title 18 of the San José Municipal Code to Amend the Criteria of those Limited Certain Circumstances that may Qualify as a Minor Modification of the Greenline/Urban Growth Boundary within the Alviso Planning Area and Setting Forth the Facts Constituting Such Urgency”, and CEQA Resolution No. 70965, entitled: “A Resolution of the Council of the City of San José Making Certain Findings in Accordance with the California Environmental Quality Act for Amendments to the San José Municipal Code and General Plan for which an Environmental Impact Report has been prepared”, were adopted, and the General Plan Text Amendment request to amend the text to reflect the proposed changes to the Alviso Planned Community and Alviso Master Plan on a 17-acre site was tentatively approved. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.

 

2.2       PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram from Private Open Space with Solid Waste Overlay (Alviso Planned Community), Outside the Urban Growth Boundary and Urban Service Area to Light Industrial (Alviso Planned Community), Inclusion in the Urban Growth Boundary and Urban Service Area for the property located at the terminus of Dixon Landing Road and west of Highway 880 on a 17-acre site. (Newby Island Improvement Company, Owner/HMH, Inc., Applicant). CEQA: Planning Commission Resolution No. 02-027; City Council Resolution No. 70965. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).

GP 01-04-03 – District 4

[Continued from 11/6/01 – Item 1.24(a)]

 

Documents Filed: See Item 2.1 for documents Filed.

 

Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member Dando, and unanimously carried, the recommendation of the Planning Commission and Planning Director for approval of the General Plan Amendment request to change the General Plan Land Use/Transportation Diagram to Light Industrial (Alviso Planned Community), Inclusion in the Urban Growth Boundary and Urban Service Area for the property located at the terminus of Dixon Landing Road and west of Highway 880 on a 17-acre site, was tentatively approved. Vote: 8-0-3-0 Absent: Diquisto, LeZotte; Gonzales.

 

2.3       PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend the General Plan Land Use Goals and Policies to indicate allowed uses adjacent to the Water Pollution Control Plant (WPCP) and/or operating land fills within the City’s sphere of influence. (Staff, Applicant) CEQA:  Planning Commission Resolution No. 02-027. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval with revisions (5-0-2).

GP 02-T-02 – Citywide

 

Documents Filed: (1) See Item 2.1 for documents Filed. (2) Report of the Staff of the Department of Planning, Building and Code Enforcement on Item 2.3, recommending adoption of the proposed text amendment.

 

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Upon motion by Council Member Reed, seconded by Council Member Cortese, and unanimously carried, the recommendation of the Planning Commission and Planning Director for approval of a General Plan Text Amendment request to amend the General Plan Land Use Goals and Policies to indicate allowed uses adjacent to the Water Pollution Control Plant (WPCP) and/or operating land fills within the City’s sphere of influence, was tentatively approved. Vote: 8-0-3-0 Absent: Diquisto, LeZotte; Gonzales.

 

2.4       PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram designation from Heavy Industrial on 27 acres; Combined Industrial/Commercial on 28 acres; Public/Quasi-Public (Civic) on 0.5 acre; Commercial on 0.5 acre; Utilities on 2 acres; Hillcap Extension and 19th Street (Communications Hill Planned Community) to Industrial Park on 55 acres; Parks/Play Fields on 2.5 acres, Public/Quasi-Public on 0.5 acre; eliminate Hillcap Extension and add Old Hillsdale Extension; realign Pullman Extension between I Avenue and Vista Park Drive for the area generally bound by Curtner Avenue, Highway 87, Hillsdale Avenue, Capitol Expressway, and Monterey Road on a 58 acre site. (MTA Hillside, LP, et al, Owner/Rob Bettencourt; MTA Properties, Applicant). CEQA:  Mitigated Negative Declaration. Planning, Building and Code Enforcement recommends approval. Planning Commission recommends (3-2-2): (a) No change from Heavy Industrial on 27 acres and Combined Industrial/Commercial on 28 acres to Industrial Park on 55 acres; (b) No change from Utilities to Parks/Playfields on 2.0 acres; (c) Public Quasi-Public (Civic) to Parks/Playfields on 0.5 acre; (d) Commercial to Public/Quasi-Public (Civic) on 0.5 acre; (e) Eliminate current Hillcap extension designation, add Old Hillsdale extension; (f) Realign Pullman extension between I Street and the railroad tracks; (g) Eliminate a portion of street “19” between I Street and Vistapark Drive; (h) Identify general location of Pedestrian Trail Alignment; (i) Rename Vistapark Drive to Communications Hill Boulevard.

GP 01-07-02 – District 7

[Continued from 11/6/01 – Item 1.35 (a)]

 

Documents Filed: Report of the Staff of the Department of Planning, Building and Code Enforcement on Items 2.4 and 2.5, dated April 2, 2002, recommending Council approve the following: Industrial (55) acres), Parks/Play Fields (2.5 acres), Public/Quasi-Public (0.5 acres), eliminate current Hillcap extension, add Old Hillsdale extension, Realign Pullman extension between I Street and the railroad tracks, eliminate a portion of street “19” between I Street and Vistapark Drive, Identify general location of Pedestrian Trail Alignment, Rename Vistapark Drive to Communications Hill Boulevard, Adopt the associated Text amendments to the Communications Hill Planned Community and Specific Plan.

 

Discussion/Action: Morey Abraham, representing MTA Properties, expressed concur-rence with the Staff recommendation, with clarification that MTA removed the 2-acre AT&T tower site from their request to change the land use on from Utilities to Parks/Playfields. Planning Staff clarified that Staff does support the applicant’s request for No Change from Utilities to Parks/Playfields on the 2-acre site. Upon motion by Council Member Campos, seconded by Council Member Reed, and unanimously carried, the recommendation of the Planning Director for approval of applicant’s request for land use changes to Industrial Park on 55 acres; Parks/Play Fields on 2.5 acres, Public/Quasi-Public on 0.5 acre; eliminate Hillcap Extension and add Old Hillsdale Extension; realign Pullman Extension between I Avenue and Vista Park Drive for the area generally bound by Curtner Avenue, Highway 87, Hillsdale Avenue, Capitol Expressway, and Monterey Road on a 58 acre site was tentatively approved, with the exception that the 2-acre AT&T tower site was removed from the applicant’s request for the land use change from Utilities to Parks/Playfields. Vote: 8-0-3-0 Absent: Diquisto, LeZotte; Gonzales.

 

2.5       PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request for the property located at area generally bounded by Curtner Avenue, Highway 87, Hillsdale Avenue, Capitol Expressway, and Monterey Road to amend the text to reflect proposed changes to the Communications Hill Specific Plan. (MTA Hillside, LP, et al, Owner/Rob Bettencourt; MTA Properties, Applicant). CEQA:  Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement recommends approval and the Planning Commission recommends approval (3-2-2) except no change from Heavy Industrial on 27 acres and Combined Industrial/Commercial on 28 acres to Industrial Park on 55 acres and no change from Utilities to Parks/Playfields on 2.0 acres.

GPT 01-07-02 (formerly GP 01-T-23) – District 7

[Continued from 11/6/01 – Item 1.35 (b)]

 

Documents Filed: See Item 2.4 for documents Filed.

 

Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member Chavez, and unanimously carried, the recommendation of the Planning Commission and Planning Director for approval of the General Plan Text Amendment for the property located at area generally bounded by Curtner Avenue, Highway 87, Hillsdale Avenue, Capitol Expressway, and Monterey Road to amend the text to reflect proposed changes to the Communications Hill Specific Plan was tentatively approved. Vote: 8-0-3-0. Absent: Diquisto, LeZotte; Gonzales.

 

RECONSIDERATIONS

There were no requests for reconsideration of previously heard items.

 

4.1       Adoption of a resolution finalizing the actions made by the City Council on the items deferred from the 2001 Annual Review of the General Plan and amending the General Plan in conformance herewith.

 

Documents Filed: None.

 

Discussion/Action: William J. Garbett spoke in opposition to the proposal. Resolution No. 70966, 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 Jose, California”, was adopted. Vote: 8-0-3-0 Absent: Diquisto, LeZotte; Gonzales.

 

ADJOURNMENT

The Council of the City of San José continued the Public Hearing on the 2002 Review of the General Plan to June 4, 2002 at 7:00 p.m. in the City Council Chambers, City Hall, San José, California.

 

RON GONZALES, MAYOR

 

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK