MINUTES OF THE CITY COUNCIL

 

 

SAN JOSE, CALIFORNIA                                                                   TUESDAY, JUNE 4, 2002

 

The Council of the City of San José convened in adjourned regular session at 10:01 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, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.

            Absent:    Council Members -    None.

 

            Documents filed: (1) Memorandum from Director, Department of Planning, Building and Code Enforcement, Stephen M. Haase, dated May 24, 2002, transmitting the Planning Director’s memorandum to the Planning Commission, dated May 10, 2002, outlining Major Issues in the 2002 Spring Hearing of General Plan Amendments. (2) Proof of publication of Notice of Public Hearings for amendments to the San José 2020 General Plan, executed May 10, 2002, submitted by the City Clerk

 

CONSENT CALENDAR

 

            Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Yeager, and unanimously carried, Items 2.4 and 2.13 were continued to September 3, 2002, and the Consent Calendar was approved and the below listed items taken as indicated. Vote: 11-0-0-0.

 

1.1       (a)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram designation from Single Family Residential 6,000 square foot lots on 11.7 acres and Public Facilities/Open Space on 1.37 acres (Evergreen Planned Residential Community) to Single Family Residential 3,200 square foot lots on 11.7 acres and Public Facilities/Open Space on 1.37 acres (Evergreen Planned Residential Community). (Eastside Union High School District, Owner/Silicon Valley Advisors, Applicant).  CEQA: Incomplete.

                        [Continued from 11/6/01– Item 1.36(a)]

                        GP01-08-04 – District 8

            (b)        PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT to reflect proposed changes to the Evergreen Specific Plan. (Eastside Union High School District, Owner/Silicon Valley Advisors, Applicant).  CEQA: Incomplete.

                        [Continued from 11/6/01– Item 1.36(b)]

                        GP01-T-24 – District 8

 

            Documents filed: None.

 

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

 

1.2       (a)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Campus Industrial and Major Collector (60-90 feet) (Evergreen Planned Residential Community) to Public Park/Open Space and Realignment of Major Collector (60-90 feet) (Evergreen Planned Residential Community) on 4.6 acres located on the north side of Fowler Road and the terminus of Michelangelo Drive on a 4.6 acre site.  (Various, Owners/Staff, Applicant).  CEQA:  Negative Declaration pending.

                        GP02-08-01 – District 8

            (b)        PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend the text to reflect proposed changes to the Evergreen Specific Plan and realignment of Major Collector on 4.6 acres located on the north side of Fowler Road at the terminus of Michelangelo Drive on a 4.6 acre site.  (Various, Owners/Staff, Applicant).  CEQA:  Negative Declaration pending.

                        GPT02-08-01 – District 8

 

            Documents filed: None.

 

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

 

1.3       PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to amend the text to address interim uses in the South Almaden Valley Urban Reserve.  (Various, Owners/City Council, Applicant).  CEQA:  Pending.

            GPT01-10-02 (formerly GP01-T-31) – District 10

            (Continued from 11/6/01 and 5/7/02 – Item 1.18)

 

            Documents filed: None.

 

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

 

1.4       PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land/Use Transportation Diagram designation from General Commercial to Transit Corridor Residential (20+ DU/AC) for property located on the northwest corner of Alum Rock and South Jackson Avenues on a 1 acre site.  (Various, Owners/Staff, Applicant).  CEQA:  Planning Commission Resolution No. 02-044 for certification and additional CEQA resolution to be adopted.

            GP01-05-03 – District 5  (Continued from 11/6/01 and 5/7/02 – Item 1.8)

 

            Documents filed: None.

 

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

 

END OF CONSENT CALENDAR

 

PUBLIC HEARINGS

 

2.1       PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend the General Plan Text to make minor corrections and modifications.  (Staff, Applicant). CEQA: Resolution No. 65459.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

            GP02-T-01 – Citywide

 

            Documents filed: Memorandum from Secretary to the Planning Commission Stephen M. Haase, dated May 22, 2002, forwarding the recommendation of the Planning Commission for approval of the proposed text amendment to the San José 2020 General Plan.

 

            Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Dando, and unanimously carried, the Staff and Planning Commission recom-mendation to amend the General Plan Text to make certain minor corrections and modifications was tentatively approved. Vote: 11-0-0-0.

 

2.2       Adoption of resolution of findings and a statement of overriding considerations for the Housing Opportunity Study General Plan Amendments Phase II Final Environmental Impact Report.

 

            Documents filed: None.

 

            Discussion/Action: Vice Mayor Shirakawa, Jr., read into the record the following Statement of Overriding Considerations: “The Final Environmental Impact Report (FEIR) for this project identified significant and unavoidable project impacts to far term transportation, regional air quality and noise, however, this project has eliminated or lessened all other significant environmental effects where feasible to do so; the project supports the General Plan Housing Major Strategy, its residential land use goals and policies and its balanced community policy by facilitating higher density residential development, especially along Transit-Oriented Development Corridors. This also is consistent with our Growth Management and Greenline/Urban Growth Boundary Major Strategies, as well as our Sustainable City Major Strategy, in that it promotes development on vacant or under-utilized lands within our Urban Growth Boundary Service Area. In order to promote an efficient use of our lands and other resources, all of these benefits outweigh the significant unavoidable environmental impacts of the project identified in the FEIR”, and moved approved of the certification of the FEIR for the Housing Opportunity Study General Plan Amendments Phase II. Council Member Chavez seconded the motion. On a call for the question, the motion carried unanimously, and Resolution No. 71009, entitled: “A Resolution of the City Council of the City of San José Making Certain Findings Concerning Impacts and Mitigation Measures Associated with Certain Specific Amendments to the General Plan of the City of San José, for Which an Environmental Impact Report has been Prepared in Accordance with the California Environmental Quality Act”, was adopted. Vote: 10-1-0-0. Absent: Yeager.

 

2.3       (a)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Heavy Industrial on 19.4 acres and General Commercial on 0.6 acre to Mixed Use with No Underlying Designation for the property located at the area generally bounded by East Julian Street, State Route 101, East Santa Clara, and North 27th Streets on a 20.0 acre site. (Various, Owners/Staff, Applicant). CEQA: Planning Commission Resolution No. 02-044 for certification and additional CEQA Resolution No. 71009 adopted.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-1-0).

                        GP01-03-12 – District 3

                        (Continued from 11/6/01 – Item 1.23)

            (b)        PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend Appendix F: Mixed Use Inventory by adding Mixed Use #16 to describe the proposed Mixed Use with No Underlying Land Use Designation for GP01-03-12.  (Various, Owners/Staff, Applicant).  CEQA: Planning Commission Resolution No. 02-044 for certification and additional CEQA Resolution No. 71009 adopted.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

                        GPT01-03-12 – District 3

 

            Documents filed: (1) Memorandum from Secretary to the Planning Commission Stephen M. Haase, dated May 21, 2002, forwarding the Planning Commission recommendation for approval of the proposed General Plan and text amendment requests for GP01-03-012 and GPT01-03-12. (2) Report of the Staff of the Department of Planning, Building and Code Enforcement, dated May 14, 2002, recommending approval of the subject General Plan and General Plan Text amendment requests.

 

            Discussion/Action: Mayor Gonzales opened the public hearing. Council Member Chavez requested Staff work closely with property owners and stated as this matter moves forward, the north and south sides of the property across East Santa Clara and Julian Streets should be reviewed in collaboration with the Strong Neighborhoods Initiative group as pertains to future BART alignments.  Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the public hearing was closed, and the recommendation of the Planning Director and Planning Commission to (1) change the Land Use/Transportation Diagram designation to Mixed Use with No Underlying Designation for the property located at the area generally bounded by East Julian Street, State Route 101, East Santa Clara, and North 27th Streets on a 20.0 acre site, and (2) to amend Appendix F: Mixed Use Inventory by adding Mixed Use #16 to describe the proposed Mixed Use with No Underlying Land Use Designation for GP01-03-12, were tentatively approved, and (3) Staff was directed to ensure the discussions with Strong Neighborhoods Initiative groups include issues affecting the north and south sides of the property. Vote: 11-0-0-0.

 

2.4       (a)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Medium High Density Residential (12-25 DU/AC) (Jackson-Taylor Planned Residential Community) to High Density Residential (25-50 DU/AC) (Jackson-Taylor Planned Residential Community) on a 2.2 acre site for the property located on both sides of the southeast corner of Mission and 10th Streets.  (Allied Containers Corp., Owner/Kotansky Properties, Inc., Applicant).  CEQA:  Mitigated Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

                        GP02-03-01 – District 3

            (b)        PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to modify the text to reflect proposed changes to the Land Use/Transportation Diagram designation from Medium High Density Residential (12-25 DU/AC) (Jackson-Taylor Planned Residential Com-munity) to High Density Residential (25-50 DU/AC) (Jackson-Taylor Planned Residential Community) on a 2.2 acre site for the property located on the southeast corner of Mission and 10th Streets. (Allied Containers Corp., Owner/Kotansky Properties, Inc., Applicant). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

                        GPT02-03-01 – District 3

 

            Documents filed: None.

 

            Discussion/Action: Upon motion by Council Member Chavez, seconded Vice Mayor Shirakawa, Jr., and unanimously carried, Items 2.4(a) and (b) were continued to September 3, 2002.

 

2.5       (a)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Industrial Park (Rincon South Planned Community) to General Commercial in combination with Transit Corridor Residential (25-65 DU/AC) on a 4.9 acre site located at the northeast corner of Technology Drive and Skyport Drive. (Sobrato Interests II, Owner/Sobrato Development, Applicant). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

                        GP02-03-02 – District 3

            (b)        PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend the text to reflect proposed changes to the Rincon South Specific Plan on a 4.9 acre site located on the northeast corner of Technology Drive and Skyport Drive. (Sobrato Interests II, Owner/Sobrato Development, Applicant).  CEQA:  Mitigated Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

                        GPT02-03-02 – District 3

 

            Documents filed: (1) Memorandum from Secretary to the Planning Commission Stephen M. Haase, dated May 21, 2002, forwarding the Planning Commission recommendation for approval of the proposed General Plan and text amendment requests for GP02-03-02 and GPT-02-03-02. (2) Report of the Staff of the Department of Planning, Building and Code Enforcement, dated May 16, 2002, recommending approval of the subject General Plan and General Plan Text amendment requests.

 

            Discussion/Action: Mayor Gonzales opened the public hearing. Council Member Chavez stated this proposal represents an exciting opportunity and is an interesting place to put housing because it is close to a neighborhood and offers the potential for residents to walk between home and work, i.e., the “walkability” element. She expressed concern about the integration of the quality of life amenities because of the office park that will be nearby. As the process moves to the next steps, she stated she would like to have the best planning available to identify those amenities, including possible urban open space, which is lacking because of the number of people who will be living and working there, and requested Staff work with the developer and property owner at the next step of the project on those issues. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the public hearing was closed, and the recommendation of the Planning Director and Planning Commission to change the Land Use/Transportation Diagram designation to General Commercial in combination with Transit Corridor Residential (25-65 DU/AC) on the subject 4.9 acre, and to amend General Plan Text to reflect proposed changes to the Rincon South Specific Plan on a 4.9 acre site located on the northeast corner of Technology Drive and Skyport Drive, were tentatively approved. Vote: 11-0-0-0.

 

2.6       PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Medium Density Residential (8-16 DU/AC) on 0.1 acre, and Light Industrial with Mixed Industrial Overlay on 12.9 acres to Medium Density Residential (8-16 DU/AC) on a 13.0 acre site located at East William Street, approximately 360 feet east of McLaughlin Avenue.  (Union Pacific Railroad Company, Owner/Richard Ceraolo & HMH, Inc., Applicant).  CEQA:  Mitigated Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

            GP02-03-03a – District 3

 

            Documents filed: (1) Memorandum from Secretary to the Planning Commission Stephen M. Haase, dated May 21, 2002, forwarding the Planning Commission recommendation for approval of the proposed General Plan amendment request for GP02-03-03a. (2) Report of the Staff of the Department of Planning, Building and Code Enforcement, dated May 13, 2002, recommending approval of the subject General Plan amendment request.

 

            Discussion/Action: Mayor Gonzales opened the public hearing and there was no testimony from the floor. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the public hearing was closed, and the recommendation of the Planning Director and Planning Commission to change the Land Use/Transportation Diagram designation to Medium Density Residential (8-16 DU/AC) on the subject 13.0 acre site, was tentatively approved. Vote: 11-0-0-0.

 

2.7       (a)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to modify the text to reflect proposed change to the Land Use/Transportation Diagram designation from Mixed Use with No Underlying Land Use Designation (0-116 Dwelling Units Residential Support for the Core Area (25+ DU/AC); 0-208,000 sq. ft. Office; 0-18,000 sq. ft. General Commercial) to Residential Support for the Core Area (25+ DU/AC) on a 2.9 acre site located at the southwest corner of West Santa Clara Street and Delmas Avenue.  (San Jose Water Company, Owner/Silicon Valley Advisors, LLC, Applicant).  CEQA:  Addendum to the Housing Opportunity Study General Plan Amendment Phase I Environmental Impact Report. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

                        GP02-03-04 – District 3

            (b)        PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend Appendix F: Mixed Use Inventory to remove Mixed Use #10 on a 2.9 acre site located on the southwest corner of West Santa Clara Street and Delmas Avenue.  (San Jose Water Company, Owner/Silicon Valley Advisors, LLC, Applicant).  CEQA:  Addendum to the Housing Opportunity Study General Plan Amendment Phase I Environmental Impact Report.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

                        GPT02-03-04 – District 3

 

            Documents filed: (1) Memorandum from Secretary to the Planning Commission Stephen M. Haase, dated May 21, 2002, forwarding the Planning Commission recommendation for approval of the of the proposed General Plan amendment request for GP02-03-04 and GPT02-03-04. (2) Report of the Staff of the Department of Planning, Building and Code Enforcement, dated May 13, 2002, recommending approval of the subject General Plan amendment request.

 

            Discussion/Action: Mayor Gonzales opened the public hearing and there was no testimony from the floor. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the public hearing was closed, and the recommendation of the Planning Director and Planning Commission to change the Land Use/Transportation Diagram designation to Residential Support for the Core Area (25+ DU/AC) on a 2.9 acre site located at the southwest corner of West Santa Clara Street and Delmas Avenue, and to amend Appendix F: Mixed Use Inventory to remove Mixed Use #10 on a 2.9 acre site located on the southwest corner of West Santa Clara Street and Delmas Avenue, were tentatively approved. Vote: 11-0-0-0. 

 

2.8       PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the 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 acre and General Commercial on 0.3 acre to Transit Corridor Residential (20+ DU/AC) for property located on the northwest corner of Alum Rock and Alexander Avenues on a 1.7 acre site. (Various, Owners/Staff, Applicant). CEQA: Planning Commission Resolution No. 02-044 for certification and additional CEQA Resolution No. 71009 adopted under Item 2.2. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

            GP01-05-02 – District 5

            (Continued from 11/6/01 and 5/7/02 – Item 1.7)

 

            Documents filed: (1) Memorandum from Secretary to the Planning Commission Stephen M. Haase, dated May 21, 2002, forwarding the Planning Commission recommendation for approval of the General Plan amendment request for GP01-05-02. (2) Report of the Staff of the Department of Planning, Building and Code Enforcement, dated May 13, 2002, recommending approval of the subject General Plan amendment request.

 

            Discussion/Action: Mayor Gonzales opened the public hearing and there was no testimony from the floor. Upon motion by Council Member Campos, seconded by Council Member LeZotte, and unanimously carried, the public hearing was closed, and the recommendation of the Planning Director and Planning Commission to change the Land Use/Transportation Diagram designation to Transit Corridor Residential (20+ DU/AC) for property located on the northwest corner of Alum Rock and Alexander Avenues on a 1.7 acre site, was tentatively approved. Vote: 11-0-0-0. 

 

2.9       PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the 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 Avenue and Jose Figueres Avenues on a 2.5 acre site.  (Various, Owners/Staff, Applicant).  CEQA:  Planning Commission Resolution No. 02-044 for certification and additional CEQA Resolution No. 71009 adopted under Item 2.2. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

            GP01-05-04 – District 5

            (Continued from 11/6/01 and 5/7/02 – Item 1.9)

 

            Documents filed: (1) Memorandum from Secretary to the Planning Commission Stephen M. Haase, dated May 22, 2002, forwarding the Planning Commission recommendation for approval of the of the proposed General Plan amendment request for GP01-05-04. (2) Report of the Staff of the Department of Planning, Building and Code Enforcement, dated May 13, 2002, recommending approval of the subject General Plan amendment request.

 

            Discussion/Action: Mayor Gonzales opened the public hearing and there was no testimony from the floor. Upon motion by Council Member Campos, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the public hearing was closed, and the recommendation of the Planning Director and Planning Commission to change the Land Use/Transportation Diagram designation to Transit Corridor Residential (20+ DU/AC) for property located on the northeast corner of Alum Rock Avenue and Jose Figueres Avenues on a 2.5 acre site, was tentatively approved. Vote: 11-0-0-0. 

 

2.10     PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the 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 6.3 acre site.  (Various, Owners/Staff, Applicant).  CEQA:  Planning Commission Resolution No. 02-044 for certification and additional CEQA Resolution No. 71009 adopted under Item 2.2. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

            GP01-05-05 – District 5

            (Continued from 11/6/01 and 5/7/02 – Item 1.10)

 

            Documents filed: (1) Memorandum from Secretary to the Planning Commission Stephen M. Haase, dated May 22, 2002, forwarding the Planning Commission recommendation for approval of the of the proposed General Plan amendment request for GP01-05-05. (2) Report of the Staff of the Department of Planning, Building and Code Enforcement, dated May 13, 2002, recommending approval of the subject General Plan amendment request.

 

            Discussion/Action: Mayor Gonzales opened the public hearing and there was no testimony from the floor. Upon motion by Council Member Campos, seconded by Council Member Chavez, and unanimously carried, the public hearing was closed, and the recommendation of the Planning Director and Planning Commission to change the Land Use/Transportation Diagram designation 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 6.3 acre site, was tentatively approved. Vote: 11-0-0-0. 

 

2.11     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 0.8 acre site located on the south side of Story Lane, at the terminus of Schramm Way. (Mike Miroyan, Owner/T/S Civil Engineering, Inc., Applicant). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend no change to the General Plan (6-0-0).

            GP02-05-02 – District 5

 

            Documents filed: (1) Memorandum from Secretary to the Planning Commission Stephen M. Haase, dated May 21, 2002, forwarding the Planning Commission recommendation for No Change to the General plan on GP02-05-02. (2) Report of the Staff of the Department of Planning, Building and Code Enforcement, dated May 13, 2002, recommending No Change to the General Plan.

 

            Discussion/Action: Mayor Gonzales opened the public hearing and Harold Joseph, Carolyn Aymond, and Valerie Fields spoke in opposition to the requested change. Council Member Campos stated that while she is in favor of high density, she does not believe this is the appropriate place for high density. Upon motion by Council Member Campos, seconded by Council Member Dando, and unanimously carried, the public hearing was closed, and the recommendation of the Planning Director and Planning Commission for No Change to the General Plan was tentatively approved, and the requested General Plan amendment on property located on a 0.8 acre site located on the south side of Story Lane, at the terminus of Schramm Way, was denied. Vote: 11-0-0-0. 

 

2.12     (a)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the 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., Owner/Silicon Valley Advisors, Applicant). CEQA:  Planning Commission Resolution No. 02-044 for certification and additional CEQA Resolution No. 71010 adopted.  Director of Planning, Building and Code Enforcement recommends Mixed Use with No Underlying Land Use Designation (up to 675 multi-family dwelling units, up to 625,000 square feet of office uses, and up to 4.6 acres of Public Park/Open Space).  Planning Commission recommends No Change to the General Plan (4-2-0).

                        GP01-06-01 – District 6

                        (Continued from 11/6/01 and 5/7/02 – Item 1.11)

            (b)        PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend Appendix F: Mixed Use Inventory to describe Mixed Use designation, and 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., Owner/Silicon Valley Advisors, Applicant). CEQA: Planning Commission Resolution No. 02-045 for certification and additional CEQA Resolution No. 71010 adopted.  Director of Planning, Building and Code Enforcement recommends approval of the change to Appendix F. Mixed Use Inventory and No Change to the General Plan to allow heights up to 220 feet for office uses. Planning Commission recommends no change to the General Plan (4-2-0).

                        GPT01-06-01 (formerly GP01-T-10) – District 6

                        (Continued from 11/6/01 and 5/7/02 – Item 1.12)

 

            Documents filed: (1) Memorandum from Secretary to the Planning Commission Stephen M. Haase, dated May 22, 2002, forwarding the Planning Commission recommendation for denial of the proposed General Plan amendment request for GP01-06-01 and for No Change to the General Plan. (2) Report of the Staff of the Department of Planning, Building and Code Enforcement, dated May 14, 2002, recommending Mixed Use with no underlying Land Use Designation, and approval of the change to Appendix F. Mixed Use Inventory and No Change to the General Plan to allow heights up to 220 feet for office uses.

 

            Discussion/Action: Mayor Gonzales opened the public hearing; Neil Struthers, Building Trades Council, and a speaker for Silicon Valley Advisors, spoke in support of the requested amendment. Council Member Yeager read the following Statement of Overriding Considerations: “The Final Environmental Impact Report for the project identified significant and unavoidable project impacts, air quality as well as significant and unavoidable cumulative impact to traffic and air quality; however this project has eliminated or substantially lessened all other significant environmental effects where feasible to do so. The project supports the general plan's housing major strategy, residential land use goals and policies and balanced community policy by facilitating higher density residential development along with transit oriented development corridor. This is also consistent with our growth management and sustainable city major strategies in that it promotes efficient use of our lands and urban services. The project also supports the General Plan's economic development major strategy by balancing commercial growth with residential development by fostering economic development and by creating additional job opportunities. Because all of this will occur near passenger transit line it can facilitate the creation of a new activity center to further enhance community identity in this area. All of these benefits outweigh the significant unavoidable environmental impacts of the project identified in the Final EIR.”  Council Member Yeager moved the recommendation of the Planning Director for approval of the change to Appendix F. Mixed Use Inventory and No Change to the General Plan to allow heights up to 220 feet for office uses. Council Member Chavez seconded the motion. On a call for the question, the motion carried unanimously, the public hearing was closed and Resolution No. 71010, entitled: “A Resolution of the City Council of the City of San José Making Certain Findings Concerning the Reed and Graham, Inc., General Plan Amendment Project (File No. FP 01-06-01, GPT 01-6-01), for Which an Environmental Impact Report has been Prepared, Identifying Impacts and Mitigation Measures; Making Findings Concerning Alternatives; and Adopting a Statement of Overriding Consider-ations in Accordance with the California Environmental Quality Act”, was adopted, and the recommendation of the Planning Director to change the Land Use/Transportation Diagram designation to Mixed Use with No Underlying Land Use Designation (up to 675 multi-family dwelling units, up to 625,000 square feet of office uses, and up to 4.6 acres of Public Park/Open Space), and the recommendation of the Director of Planning, Building and Code Enforcement for approval of the change to Appendix F: Mixed Use Inventory and No Change to the General Plan to allow heights up to 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, were tentatively approved. Vote: 11-0-0-0. 

 

2.13     PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from General Commercial on 2.5 acres and Medium Low Density Residential (8 DU/AC) on 1.4 acres 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 on a 3.9 acre site.  (Various, Owners/Staff, Applicant).  CEQA:  Planning Commission Resolution No. 02-044 for certification and additional CEQA resolution to be adopted.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0).

            GP01-06-10 – District 6

            (Continued from 11/6/01 and 5/7/02 – Item 1.14)

 

            Documents filed: None.

 

            Discussion/Action: Upon motion by Council Member Yeager, seconded by Council Member Chavez, and unanimously carried, this item was continued to September 3, 2002.

 

2.14     PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Medium Low Density Residential (8 DU/AC) to Medium Density Residential (8-16 DU/AC) on a 0.3 acre site located at the northwest corner of Scott Street and Mayellen Avenue.  (Henry and Ofelia Morado, Owner/Applicant).  CEQA:  Mitigated Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend no change to the General Plan (6-0-0).

            GP02-06-01 – District 6

 

            Documents filed: (1) Memorandum from Secretary to the Planning Commission Stephen M. Haase, dated May 21, 2002, forwarding the Planning Commission recommendation for denial of the proposed General Plan amendment request for GP02-06-01 and for No Change to the General Plan. (2) Report of the Staff of the Department of Planning, Building and Code Enforcement, dated May 13, 2002, recommending No Change to the General Plan. (3) Correspondence from Buena Vista Neighborhood Association, dated June 4, 2002, opposing rezoning of GP02-06-01.

 

            Discussion/Action: Mayor Gonzales opened the public hearing; Ruby Chavez Mendina, representing Henry and Ofelia Morado, spoke in support; and Jordan Dancer and Henry-Moroso spoke in opposition. Upon motion by Council Member Yeager, seconded by Council Member Dando, and unanimously carried, the public hearing was closed, and the recommendation of the Planning Director and Planning Commission for No Change to the General Plan was tentatively approved and the amendment request denied. Vote: 11-0-0-0.

 

2.15     PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Industrial Park on 88.2 acres; General Commercial on 3.7 acres; Mixed Industrial Overlay on 20.5 acres, to Light Industrial on 57.9 acres; Combined Industrial/Commercial on 17.5 acres; General Commercial on 3.9 acres; Public/Quasi-Public on 12.4 acres; Mixed Industrial Overlay on 4.6 acres located at the area generally bounded by Wool Creek Drive, the Coyote Creek, Tully Road, and Senter Road on a 92 acre site. (Various, Owners/Staff, Applicant). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend (6-0-0):  (a) Light Industrial on 75.4 acres; (b) Public/Quasi-Public on 12.4 acres; (c) General Commercial on .5 acre; and(d) Mixed Industrial Overlay on 4.6 acres.

            GP02-07-02a – District 7

 

            Documents filed: (1) Memorandum from Secretary to the Planning Commission Stephen M. Haase, dated May 21, 2002, forwarding the Planning Commission recommendation, as revised in accord with Planning Staff, to change the Land Use/Transportation Diagram designation to Light Industrial on 75.4 acres; Public/Quasi-Public on 12.4 acres; General Commercial on .5 acre; and Mixed Industrial Overlay on 4.6 acres. (2) Report of the Staff of the Department of Planning, Building and Code Enforcement, dated May 13, 2002, recommending Light Industrial on 75.4 acres; Public/Quasi-Public on 12.4 acres; General Commercial on .5 acre; and Mixed Industrial Overlay on 4.6 acres.

 

            Discussion/Action: Mayor Gonzales opened the public hearing and there was no testimony from the floor. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the public hearing was closed, and the recommendation of the Planning Director and Planning Commission for Light Industrial on 75.4 acres; Public/Quasi-Public on 12.4 acres; General Commercial on .5 acre; and Mixed Industrial Overlay on 4.6 acres, was tentatively approved. Vote: 11-0-0-0.

 

FINAL ACTIONS

 

4.1       Adoption of a resolution approving the City Council actions taken pertaining to those General Plan Amendments considered by the Council during the June 4, 2002 Review of the General Plan.

 

            Documents filed: None.

 

            Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried,          Resolution No. 71011, entitled: “A Reso-lution 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. Vote: 11-0-0-0.

 

Adjournment

 

            The Council of the City of San José adjourned at 10:35 p.m. The next-scheduled hearing on the General Plan is September 3, 2002 at 7:00 in the City Council Chambers, City Hall, San José, CA.

 

 

RON GONZALES, MAYOR

 

ATTEST:

 

 

PATRICIA L. O’HEARN

CITY CLERK