MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, DECEMBER 17, 2002

The Council of the City of San José convened in adjourned regular session at 7:37 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) Proof of publication of Notice of Public Hearings for amendments to the San Jose 2002 General Plan, executed October 16, 2002, submitted by the City Clerk. (2) Hard copies of San José 2020 General Plan Fall Hearing Overview Presentation by Deputy Director of Planning Services, Laurel Prevetti.

CONSENT CALENDAR

Upon motion by Council Member Dando, seconded by Council Member Chavez, and unanimously carried, Item 2.11 was deferred to the Spring 2003 General Plan Hearing, Consent Calendar was approved, and the below listed items taken as indicated. Vote: 11-0-0-0.

1.1 PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Low Density Residential (5 Dwelling Units Per Acre) to Very Low Density Residential (2 DU/AC) for property located at the south side of Mindy Way between Snell Avenue and Galen Drive and both sides of Rocking Horse Court on a 17.0-acre site. (Various, Owners/Staff, Applicant). CEQA: Resolution No. 65459, GP02-02-02. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

GP 02-02-02 – District 2

(Continued from 12/3/02 – Item 1.2)

Documents Filed: (1) Memorandum from Secretary of Planning Commission Stephen Haase, dated November 25, 2002, transmitting the Planning Commission recommendation for approval of the proposed amendment to the General Plan Land Use/Transportation Diagram. (2) Report of the Staff of the Planning, Building & Code Enforcement, dated November 8, 2002, recommending Very Low Density Residential (2 DU/AC) for said property.

Discussion/Action: The recommendation of the Planning Director and Planning Commission for General Plan amendment to Very Low Density Residential (2 DU/AC) for property located at the south side of Mindy Way between Snell Avenue and Galen Drive and both sides of Rocking Horse Court on a 17.0-acre site, was tentatively approved. Vote: 11-0-0-0.

1.2 PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT to reduce the aggregate setback for a portion of site “AA” as identified within the Evergreen Specific Plan for the property located at the northeast corner of Aborn Road and Altamira Avenue on a 15.1-acre site. (Alliance Title Company, Owner/Staff, Applicant). CEQA: Mitigated Negative Declaration, GPT02-08-01b. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

GPT 02-08-01b – District 8 (Continued from 9/3/01 – Item 1.9 and 12/3/02 – Item 1.18)

Documents Filed: See Item 2.12 for documents filed.

Discussion/Action: This item was renumbered to Item 2.12.

1.3 PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend the Tamien Station Area Specific Plan to allow minor incursions above existing height limits for architectural features. (Staff, Applicant). CEQA: Resolution No. 65459, GP02-T-07. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval with changes (7-0-0).

GP 02-T-07 – Citywide (Continued from 12/3/02 – Item 1.26)

Documents Filed: (1) Memorandum from Secretary of the Planning Commission Stephen Haase, dated November 25, 2002, transmitting the Planning Commission recommen-dation for approval of the proposed amendment to the San Jose 2020 General Plan text with changes as specified therein. (2) Report of the Staff of the Planning, Building & Code Enforcement, dated November 8, 2002, recommending the adoption of the proposed text amendment.

Discussion/Action: The recommendation of the Planning Director and Planning Com- mission for amending the Tamien Station Area Specific Plan to allow minor incursions above existing height limits for architectural features, as revised by Deputy Director of Planning Laurel Prevetti, to modify the height limitations in the Tamien Specific Plan as it pertains to the northeast corner of Lick and Floyd and to defer the height amendment as it pertains to the balance of the Tamien Specific Plan Area to the April 2003 General Plan Hearing, was tentatively approved. Vote: 11-0-0-0.

PUBLIC HEARINGS

Item 2.1 heard with City Council Item 11.3.

2.1 (a) PUBLIC HEARING on Certification of a Final Environmental Impact Report for a project located at the east side of U. S. 101 north of Metcalf Road for up to 213 single-family detached residential units on 38.3 gross acres, and preservation of 218.9 acres as public and private open space. A General Plan Amendment (file no. GP01-02-01) is required to change the San José 2020 General Plan Land Use/Transportation Diagram designation from
Low Density Residential (5 DU/AC) and Non Urban Hillside to Medium Density Residential (8-16 DU/AC) on 38.3 gross acres of the 257.2 gross acre site. A Planned Development Rezoning (file no. PDC01-10-098) is required from R-1-1 Residence District to A(PD) Planned Development on the entire 257.2 gross acre site. CEQA: Resolution to be adopted. Council District 2.

(This item is continued on next page.)

2.1 (Cont’d.)

(b) PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Low Density Residential (5 Dwelling Units Per Acre) on 17.9 acres and Non-Urban Hillside on 3.7 acres to Medium Density Residential (8-16 DU/AC) for property located at the easterly side of U.S. 101 and northerly of Metcalf Road on a 21.6-acre site. (Braddock and Logan Group, Owner/HMH, Inc., Applicant). CEQA: Resolution No. 71360 adopted. Director of Planning, Building and Code Enforcement recommends Medium Density Residential (8-16 DU/AC) on 23.1 acres, Medium Low Density (8 DU/AC) on 7.0 acres, Non-Urban Hillside on 1.4 acres, Private Open Space on 11.9 acres, No Change to the General Plan on 5.0 acres. Planning Commission recommends No Change to the General Plan (6-1-0); Dhillon opposed).

GP 01-02-01 - District 2

(Continued from 8/21/01 – Item 2.3 et al., and 12/3/02 – Item 1.1)

(c) PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the easterly side of US 101, northerly of Metcalf Road, from R-1-1 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to 200 single-family detached residences on approximately 257 gross acres. (Braddock & Logan Group, LP, & Almaden Associates, LP, Owner; Braddock & Logan Group, Developer). CEQA: Resolution No. 71360 adopted. Director of Planning, Building and Code Enforcement recommend approval with conditions and Planning Commission recommend denial (7-0-0).

PDC 01-10-098 - District 2

(Referred from City Council Agenda 12/17/02 – Item 11.3)

Documents Filed: (1) Memorandum from Council Member Williams, dated December 12, 2002, recommending Council: Certify the Environmental Impact Report (EIR), approve the recommendation of the Planning Director for GP01-02-01/PDC01-10-098, to approve the General Plan Amendment and Planned Development Rezoning requests, initiate a General Plan Amendment to delete the Metcalf/101 Interchange designation from the General Plan, and initiate a rezoning to reflect Council action related to the designation of Basking Ridge Road on the General Plan and the rezoning should also limit all development south of the existing Basking Ridge neighborhood to a maximum of 213 housing units. (2) Memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, dated December 6, 2002, referencing the Staff Report, dated November 20, 2002, on Project File Number PDC01-10-098, dated November 26, 2002, recommending approval of the subject rezoning, with conditions as specified therein. (3) Memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, dated December 5, 2002, recommending City Council adopt a resolution to certify that the City Council has read and considered the Final EIR, the Final EIR has been completed in compliance with the California Environmental Quality Act (CEQA); and, the Final EIR reflects the independent judgment and analysis of the City of San José. (4) Memorandum from Secretary of the Planning Commission Stephen Haase, dated December 2, 2002, transmitting the Planning Commission recommendation for denial of

2.1 (Cont’d.)

the proposed amendment to the San José 2020 General Land Use/Transportation Diagram. (5) Report of the Staff of Planning, Building & Code Enforcement, dated November 20, 2002, recommending Low Density Residential (5 DU/AC) (6.7 acres) and Non-Urban Hillside (2.8 acres) to Private/Open Space on 9.5 acres; Low Density Residential (5 DU/AC) (16.6 acres) and Non-Urban Hillside (6.5 acres) to Medium Density Residential (8-16 DU/AC) on 23.1 acres; Low Density Residential (5 DU/AC) (2.0 acres) and Non-Urban Hillside (5.0 acres) to Medium Density (8 DU/AC) on 7.0 acres; Low Density Residential (5 DU/AC) to Private Open Space on 2.4 acres for the area between Highway 101 and Basking Ridge Road; Low Density Residential (5 DU/AC) to Non-Urban Hillside on 1.4 acres, and the balance of the site (approximately 5.0 acres) designated Non-Urban Hillside would remain unchanged. (6) Proof of Publication of Public Hearing Notice, executed on December 7, 2002, submitted by the City Clerk. (7) Electronic mail correspondence from Frank and Marie Civitano, dated November 27, 2002, opposing the General Plan amendment and PDC zoning change for GP01-02-01.

Discussion/Action: Mayor Gonzales opened the Public Hearing and the applicant, Jim Sullivan and public speakers, Debbie Glass, Roger Hall, Randy Britt, Frank Sivitano, Theresa Mendoza, David Tuffer, Steven Norman, Janet Hall, Roger Hecht, Janice Givens, and Craig Brion spoke on the issue. Council Member Williams thanked Staff and the developers for taking the time to meet and work on concerns affecting the quality of life for the neighborhoods connected to this proposed project. He stated that two community meetings were held to assess issues that concerned the community, their issues were taken into consideration and an amiable solution to both parties was developed and comprised in his memorandum issued to Council. He stated that automobile traffic was a major concern of the community and opening Basking Ridge Road to incoming traffic would only worsen the issue, his memorandum recommends Council certify the Environmental Impact Report (EIR) and approve the recommendation of the Planning Director on the General Plan amendment and the Planned Development rezoning, and recommends a General Plan amendment be initiated to delete major collector designations from Basking Ridge Road and delete the Metcalf/101 interchange designation from the General Plan.

Council Member Williams stated that to address the traffic issue, the Metcalf Road designation would need to be deleted from the General Plan and be returned to Council to develop a new configuration of the road. He stated the General Plan amendment would return back to Council in April 2003, in the meantime, Staff will work on the project and prepare the necessary paperwork to return to Council and for a decision on the deletion of the road project, next, Staff would initiate a rezoning to reflect Council action related to the designation of Basking Ridge Road to limit all developments south of the existing Basking Ridge neighborhood to a maximum of 213 housing units; the design will cul-de-sac Basking Ridge Road and eliminate incoming outside traffic, thus enabling the neighborhoods to group together. He stated that in addition to moving the housing out of the area near the pond and relocating the cul-de-sac away from the pond, they would eliminate one of the environmental concerns of the area. Mayor Gonzales stated three

2.1 (Cont’d.)

separate actions were required to accept the recommendations. Council Member Williams read the following Statement of Overriding Considerations: Council Member Williams read into the record the following Statement of Overriding Consideration for the Metcalf/101 project for Item 11.3: “The Final Environmental Impact Report for the Metcalf Road property project identified that the project would result in significant and unavoidable project impacts to aesthetics and land use, as well as specific and unavoidable cumulative impacts to traffic, aesthetics, air quality, and loss of open space; all of which may not be reduced to a less than significant level. However, approval of this project creates substantial public benefits, implementation of the project furthers the General Plan’s Growth Management and Green Line Urban Growth boundary major strategies, which strategies encourage in-field development urbanized areas, to minimize the costs of providing urban services because the proposed development is located on an in-fill site within the city service urban area, the project would also place 200 acres in a permanent conservation easement to protect special status plant and animal species in a habitat, the project would also further the General Plan housing/major strategy to provide housing that is compatible with the existing adjacent neighborhood and by further enhancing the housing supply near existing and future employment areas in Edenvale, that is in the Edenvale regional development areas in north Coyote Valley, all of those benefits outweigh the significant unavoidable environmental impacts of the project identified in the final EIR of this project.”

Council Member Williams moved to certify the Final EIR as complete and in compliance with California Environmental Quality Act (CEQA). Council Member Dando seconded the motion. Council Member Reed asked City Attorney Doyle to respond to public speaker Craig Breon as to how the reduced scale alternative and substantial evidence records were being dealt with. City Attorney Doyle stated that the EIR does disclose that the reduced project alternative does not meet the project’s objective and is not economically viable, the facts in the EIR state the financial and planning constraints involved with the construction of the necessary infrastructure to service the project were infeasible, and with a reduced project including streets, storm, and sanitary sewer improvements, there would be sufficient evidence recorded to that effect. On a call for the question, the motion carried, and Council approved the recommendation of the Planning Commission and Planning Director to certify the EIR as complete and in compliance with CEQA, and CEQA Resolution No. 71360, entitled: “A Resolution of the City Council of the City of San José Making Certain Findings Concerning Significant Effects, Mitigation Measures, and Alternatives and Adopting a Statement of Overriding Considerations for the Metcalf Road Property Project for Which An Environmental Impact Report was Prepared in Accordance with the California Environmental Quality Act“, was adopted. Vote: 10-1-0-0. Noes: LeZotte.

Upon motion by Council Member Williams, seconded by Council Member Dando, and carried, the recommendation of the Planning Director for a General Plan Amendment to change the Land Use/Transportation Diagram designation to Medium Density Residential (8-16 DU/AC) on 23.1 acres, Medium Low Density (8 DU/AC) on 7.0 acres, Non-Urban Hillside on 1.4 acres, Private Open Space on 11.9 acres, No Change to the General Plan on 5.0 acres, was tentatively approved. Vote: 11-0-0-0.

2.1 (Cont’d.)

Upon motion by Council Member Williams, seconded by Council Member Dando, and unanimously carried, Council Member Williams’ recommendation, dated December 12, 2002, initiating a General Plan amendment to delete a major collector designation from Basking Ridge Road and deletion of the Metcalf/101 Interchange designation from the General Plan, was tentatively approved. Vote: 11-0-0-0.

Upon motion by Council Member Williams, seconded by Council Member Dando, and unanimously carried, the public hearing was closed, and the initiation of a rezoning to reflect Council action in relation to the rezoning of Basking Ridge Road on the General Plan, and the rezoning should limit all development upon the Basking Ridge Neighborhood to the maximum of 213 housing units, was tentatively approved. Vote: 11-0-0-0.

2.2 PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Medium Density Residential (8-16 Dwelling Units Per Acre) to Public Park/Open Space located at the west side of Basking Ridge Road, south of Silicon Valley Boulevard on a 8.6-acre site. (County of Santa Clara, Owner/Staff, Applicant). CEQA: Resolution No. 65459, GP02-02-03. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

GP 02-02-03 – District 2 (Continued from 12/3/02 – Item 1.3)

Documents Filed: Memorandum from Secretary of Planning Commission Stephen M. Haase, dated November 25, 2002, transmitting the Planning Commission recom-mendation for approval of the proposed amendment to the San José 2020 General Plan Land Use/Transportation Diagram. (2) Report of the Staff of the Planning, Building & Code Enforcement, dated November 8, 2002, recommending Public Park/Open /Space.

Discussion/Action: Mayor Gonzales opened the Public Hearing and Janet Hall spoke on the issue. Upon motion by Council Member Williams, seconded by Council Member Chavez, and unanimously carried, the Public Hearing was closed, and the recommen-dation of the Planning Director and the Planning Commission to change the Land Use/Transportation Diagram designation to Public Park/Open Space located at the west side of Basking Ridge Road, south of Silicon Valley Boulevard on a 8.6-acre site, was tentatively approved. Vote: 11-0-0-0.

Item 2.3 and 2.4 were heard together.

2.3 PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Combined Industrial/Commercial on 94.8 acres; Light Industrial on 17 acres; and Public Park/Open Space on 8.4 acres to Transit Corridor Residential (20+ Dwelling Units Per Acre) on 69.4 acres; Medium Density Residential (8-16 DU/AC) on 8.0 acres; Combined Industrial/Commercial on 20 acres; Public Park/Open Space on 22.8 acres and a flexible land use boundary. (Brian Bumb, Owner/The Schoennauer

(This item continued on next page.)

2.3 (Cont’d.)

Company, Applicant). CEQA: Resolution to be adopted. Director of Planning, Building and Code Enforcement and Planning Commission recommend Transit Corridor Residential (20 DU/AC) on 58.4 acres; Medium Density Residential (8-16 DU/AC) on 8.0 acres; Combined Industrial/Commercial on 20 acres; Public Park/Open Space on 22.8 acres; and Floating Public Park Open Space (7-0-0).

GP 02-04-02 – District 4

(Continued from 12/3/02 – Item 1.6) (Heard with Item 2.4.)

2.4 PUBLIC HEARING ON GENERAL PLAN TEXT request to amend the Text to include the Bay Area Rapid Transit (BART) Station Area Nodes as a Special Strategy Area. (Staff, Applicant). CEQA: Resolution No. 65459, GP02-T-08. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

GP 02-T-08 - Citywide

(Continued from 12/3/02 – Item 1.27)

Documents Filed: (1) Memorandum from Council Member Reed, dated December 12, 2002, recommending approval of the recommendation of the Planning Director and Planning Commission for a Land Use/Transportation Diagram designation for GP 02-04-02 of Transit Corridor Residential (20 DU/AC) on 58.4 acres; Medium Density Residential (8-16 DU/AC) on 8.0 acres; Combined Industrial/Commercial on 20 acres; Public Park/Open Space on 22.8 acres; and Floating Public Park Open Space; and approval of the General Plan Text Amendment for the Berryessa Station Area Node portion of GP02-T-08, as amended by the text revisions cited in Council Member Reed’s memorandum. (2) Report of the Planning, Building & Code Enforcement Staff, dated November 15, 2002, recommending Transit Corridor Residential (20+ DU/AC) on 58.4 acres, Medium Density Residential (8-16 DU/AC) on 8.0 acres, Combined Industrial/Commercial on 31 acres, and Public Park/Open Space on 22.8 acres, and Floating Public Park Open Space. (3) Memorandum from Secretary of the Planning Commission Stephen M. Haase, dated November 19, 2002, transmitting the Planning Commission recommendation for approval of the Staff recommendation for Land Use/Transportation Diagram for property located on both sides of Berryessa Road, between the Union Pacific Railroad tracks to the east and the Coyote Creek to the west. (4) Memorandum from Secretary of Planning Commission Stephen Haase, dated November 25, 2002, transmitting the Planning Commission recommendation for approval of the proposed text amendment for GP 02-T-08. (5) Report of the Staff of the Planning, Building & Code Enforcement, dated November 13, 2002, recommending the adoption of proposed text amendment for GP 02-T-08.

Discussion/Action: Mayor Gonzales opened the Public Hearing and Laura Tadinzsky spoke on the issue. Council Member Reed referenced his memorandum recommending approval of the recommendation of the Planning Director and Planning Commission for the Land Use/Transportation Diagram designation and text amendment, to include the Bay Area Rapid Transit (BART) Station Area Nodes as a Special Strategy Area, as revised by the text amendments in his memorandum dated December 12, 2002. Council

2.3/2.4 (Cont’d.)

Member Reed read into the record the following Statement of Overriding Considerations: “The Final Environmental Impact Report (EIR) General Plan Amendment Plan identified in the project would result in significant and unavoidable traffic congestion and air quality impacts associated with nonconformist with the regional clean air plan, although approval of this project would create substantial public benefits, those amendments that are consistent with the San Jose 2020 General Plan Economic Development Major Strategy is a proposed amendment that creates additional jobs to promote economic development in the city, the proposed amendment promotes the growth management major strategy because the subject site is located within an area where urban facilities and services are already available, furthermore it creates additional jobs East of U.S 101 to alleviate the City’s housing and balance, the proposed amendment also supports the housing major strategy that seeks to maximize housing opportunities on in-field parcels and that a change in a land-use designation to transit corridor residential and portions of the site would allow more housing units on this in-field site. A proposed amendment furthers the sustainable City major strategy that seeks to reduce traffic congestion and wastefulness and environmental degradation of the living environment, in that the subject site plan to join Bay Area Rapid Transit (BART) extensions to Milpitas, San Jose, and Santa Clara, as well as planned Berryessa stations south of Berryessa Road, and this plan will contribute to sustainability by guiding future developments to the existing urban areas with transit, in order to conserve energy and improve air quality. The benefits outweigh the significant, unavoidable environmental impacts of the amendments identified within the Final EIR of this project. Council Member Reed moved to certify the EIR as complete and in compliance with CEQA and moved approval of the General Plan Amendment recommended by the Planning Director and Planning Commission, and of the proposed text amendment to include the Bay Area Rapid Transit (BART) Station Area Nodes as a Special Strategy Area, as amended by Council Member Reed’s memorandum. Council Member Chavez seconded the motion.

Council Member Reed stated there were conceptual land use plans that had been circulated, viewed, and received with a good response by District 4. He stated there was an additional agreement between Grant Rock, an adjustable heavy industrial user, and the applicant, regarding what will be done to their property in accordance with the conceptual land-use plan. He stated the project was large, involved many homes and concerned major traffic issues, the community had been supportive due to the excitement of the pending BART station. Council Member Chavez stated support of the motion and requested two amendments: i.e., to include direction to Staff to explore the appropriate timeframe for developing Specific Plans both in this area and the Five Wounds area, along with the appropriate boundaries for those plans, and to include how the Specific Plan would be funded.

On a call for the question, the motion carried unanimously, the Public Hearing was closed, the EIR was certified as complete and in compliance with CEQA, the recommendation of the Planning Director and Planning Commission for Transit Corridor, Residential (20 DU/AC) on 58.4 acres; Medium Density Residential (8-16 DU/AC) on 8.0 acres, Combined Industrial/Commercial on 20 acres; Public Park/Open Space on 22.8

2.3/2.4 (Cont’d.)

acres, Floating Public Park Open Space, and the General Plan Text Amendment to include the Bay Area Rapid Transit (BART) station Area Nodes as a Special Strategy Area, were tentatively approved, and CEQA Resolution No. 71361, entitled: ”A Resolution of the City of San José Making Certain Findings Concerning Impacts, Mitigation Measures, and Alternatives Associated with an Amendment 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: 11-0-0-0.

2.5 (a) PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram from Light Industrial on 2.4 acres and Mixed Use with No Underlying Land Use Designation on 0.8 acre to Medium Density Residential (8-16 Dwelling Units Per Acre) on 2.3 acres and Private Recreation on 0.9 acre for property located at the east side of U.S. Highway 101, at the terminus of South 31^st Street on a 3.2-acre site. (Hulbert Trust; City of San José; Didier De Gery, Owners/Dennis Chargin, Applicant). CEQA: Mitigated Negative Declaration, GP02-05-01. Director of Planning, Building and Code Enforcement recommends Medium Density Residential (8-16 DU/AC) on 2.8 acres and Planning Commission recommend No Change to the General Plan (3-3-0-1); James, Platten, and Campos opposed; Zamora, abstained).

GP 02-05-01 – District 5

[Continued from 9/3/02 – Item 1.4 and 12/3/02 – Item 1.7 (a)]

(b) PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend Appendix F: Mixed Use Inventory to modify Mixed Use #4 to reduce amount of acreage for Private Recreation. (Hulberg Trust; City of San José; Didier De Gery, Owners/Dennis Chargin, Applicant). CEQA: Mitigated Negative Declaration, GPT02-05-01. Director of Planning, Building and Code Enforcement recommends adoption. Planning Commission recommend No Change to the General Plan (5-1-0-1; Dhillon, opposed; Zamora, abstained).

GPT 02-05-01 – District 5

[Continued from 12/3/02 – Item 1.7(b)]

Documents Filed: (1) Memorandum from Council Member Campos, dated December 17, 2002, recommending approval of the General Plan Amendment to change the Land Use/Transportation Diagram designation to Medium Density Residential (8-16 DU/AC) on 3.2 acres. (2) Memorandum from Secretary of the Planning Commission Stephen Haase, dated November 25, 2002, transmitting the Planning Commission recommen-dation reporting that the Planning Commission voted 3-3 with one abstention on the requested General Plan amendment, deemed negative recommendation, and recommended No Change to the General Plan for the associated text amendment. (3) Report of the Staff of the Planning, Building & Code Enforcement, dated November 13, 2002, recommending Medium Density Residential (8-16 DU/AC) on 2.8 acres.

Discussion/Action: Mayor Gonzales opened the Public Hearing, Eric Schoennauer and Michael Kay spoke on the issue. Council Member Campos referenced her memorandum

2.5 (Cont’d.)

and stated the proposed site is zoned for industrial usage, but is no longer a valuable industrial site, the site borders a golf course and over time, the site configuration has not lent itself to industrial use. She stated that she has been approached multiple times with ideas to build a storage facility in the proposed site, but the idea was not supported by the community because of an increase in traffic within nearby neighborhoods. She stated housing would be the best option for the proposed site, although it is not in a Strong Neighborhoods Initiative (SNI) area. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the Public Hearing was closed, and Council Member Chavez’ memorandum, dated December 12, 2002, recommending approval of a Land Use/Transportation Diagram designation of Medium Density Residential (8-16 DU/AC) on 3.2 acres, and approval of the recommendation of the Planning Director on the proposed text amendment for GPT02-05-01 to amend Appendix F: Mixed Use Inventory to modify Mixed Use #4, to reduce amount of acreage for Private Recreation, were tentatively approved. Vote: 11-0-0-0.

2.6 PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the General Plan Land Use/Transportation Diagram from High Density Residential (25-50 Dwelling Units Per Acre) on 3.4 acres; Light Industrial on 0.6 acre; and Public/Quasi-Public on 0.4 acre to Transit Corridor Residential (20+ DU/AC) for property located southeast of the intersection of Almaden Expressway and Curtner Avenue and north of the terminus of Rinconada Drive and Pebble Beach Drive on a 4.4-acre site. (San José Scottish Rite Foundation, Owner/The Schoennauer Company, Applicant). CEQA: Mitigated Negative Declaration, GP02-06-03. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval of Transit Corridor Residential (20+ DU/AC) on 4.4 acres, Public/Quasi-Public on 7.7 acres, and Floating Public Park/Open Space on 12.1 acres (7-0-0).

GP 02-06-03 – District 6 (Continued from 9/3/02 – Item 1.6 and 12/3/02 – Item 1.12)

Documents Filed: (1) Memorandum from Secretary of Planning Commission Stephen Haase, dated November 25, 2002, transmitting the Planning Commission recommen-dation for approval of Transit Corridor Residential (20+ DU/AC) on 4.4 acres, Public/Quasi-Public on 7.7 acres and a Floating Public Park/Open Space designation on the entire 12.1 acre site. (2) Report of the Staff of the Planning, Building & Code Enforcement, dated November 12, 2002, recommending Transit Corridor Residential (20+ DU/AC) on 4.4 acres, Public/Quasi-Public on 7.7 acres and a Floating Park designation.

Discussion/Action: Mayor Gonzales opened the Public Hearing and there were no speakers on the issue. Council Member Yeager stated the only concern that existed with the proposed site was if it was a floating park designation and the developer might assume other possibilities were available if the floating park was removed from the General Plan. Upon motion by Council Member Yeager, seconded by Council Member Chavez, the Public Hearing was closed, and the recommendation of the Planning Director and Planning Commission for Transit Corridor Residential (20+ DU/AC) on 4.4 acres, Public/Quasi-Public on 7.7 acres, and Floating Public Park/Open Space on 12.1 acres, was tentatively approved. Vote: 11-0-0-0.

2.7 PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Medium Low Density Residential (8 Dwelling Units Per Acre) to High Density Residential (25-50 DU/AC) for property located at the north side of Moorpark Avenue, approximately 200 feet east of MacArthur Way on a 0.62-acre site. (Bret Hoefler, Owner/The Schoennauer Company, Applicant). CEQA: Mitigated Negative Declaration, GP02-06-04. Director of Planning, Building and Code Enforcement recommends Medium High Density Residential (12-25 DU/AC) on expanded 2.1-acre site. Planning Commission recommends Medium High Density Residential (12-25 DU/AC) on expanded 0.77-acre site (7-0-0).

GP 02-06-04 – District 6 (Continued from 12/3/02 – Item 1.13)

Documents Filed: (1) Memorandum from Secretary of the Planning Commission Stephen Haase, dated November 25, 2002, transmitting the Planning Commission recommen-dation for approval of Medium High Density Residential (12-25 DU/AC) on 0.77 acres. (2) Report of the Staff of the Planning, Building & Code Enforcement, dated November 12, 2002, recommending Medium High Density Residential (12-25 DU/AC) on 2.1 acres.

Discussion/Action: Mayor Gonzales opened the Public Hearing and Eric Schoennauer spoke on the issue. Council Member Yeager stated that he felt the change to a High Density Residential was too large for the site, because of the designation and use in the adjacent area. Upon motion by Council Member Yeager, seconded by Council Member LeZotte, the Public Hearing was closed, and the recommendation of the Planning Director for Medium High Density Residential (12-25 DU/AC) on expanded 2.1-acre site, was tentatively approved. Vote: 11-0-0-0.

2.8 (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) on 8.6 acres and Public Park/Open Space on 13.1 acres to High Density Residential (25-50 DU/AC) on 5.0 acres and Public Park/Open Space on 16.7 acres for property located at the east side of Senter Road approximately 600 feet southerly of Needles Drive on a 21.7-acre site. (Carroll R.L. Trustee et al., Owner/Silicon Valley Advisors, LLC, Applicant). CEQA: Mitigated Negative Declaration, GP02-07-05. Director of Planning, Building and Code Enforcement recommends No Change to the General Plan. Planning Commission recommends approval (7-0-0). GP 02-07-05 – District 7

(Continued from 9/3/02 – Item 1.7 and 12/3/02 – Item 1.15)

(b) Public Hearing and approval of an agreement with Synergy Properties, LLC for the exchange of approximately 3.82 acres of City-owned property on Senter Road for approximately 12.99 acres of property along the east side of Coyote Creek known as the Carroll property. CEQA: Exempt, PP02-12-369. Council District 7. SNI: Tully/Senter. (Parks, Recreation and Neighborhood Services/Public Works) (Referred from Council Agenda 12/17/02 – Item 5.6)

Documents Filed: Memorandum from Mayor Gonzales, Vice Mayor Shirakawa, Jr., and Council Member Campos, dated December 16, 2002, recommending approval of the General Plan Amendment for File No. GP02-07-01 as proposed by the applicant but

2.8 (Cont’d.)

contingent on approval of an exchange agreement, exchanging 3.8 acres of City-owned Parks/Open Space land on Senter Road for 12.99 acres of Parks/Open Space land next door, and requiring that all future residents sign disclosures recognizing nearby Heavy Industrial uses. (2) Memorandum from Secretary of the Planning Commission Stephen Haase, dated December 2, 2002, transmitting the Planning Commission recom-mendation for approval of the General Plan amendment as proposed by the applicant. (3) Report of the Staff of the Planning, Building & Code Enforcement, dated November 13, 2002, recommending light industrial on 5.0 acres and Public Park/Open Space on 16.7 acres.

Discussion/Action: Mayor Gonzales opened the Public Hearing and the following individuals spoke on the proposal: John Ammon, Laura Bartenheckman, Bart Heckman, Phyllis Ward, Betty Feldheim, José Garcia and Tim Neusma, the applicant, spoke in approval of the project. Vice Mayor Shirakawa, Jr. commented on how the exchange of the private property for park land will increase the quality and quantity of the City’s parkland, and will complete the park chain that may eventually connect to Kelley Park and end at the Anderson Dam. He noted that none of the proposed land is industrial and in addition to the parkland, the project will add 150 units of affordable housing which is greatly needed in the community, and in the future he envisions the property owners of the industrial areas developing more housing which will enable the future residents to be closer to the downtown area. He stated he was opposed to opening up Wool Creek Road to more traffic which would create a dangerous environment for children attending the nearby school. He stated the developers have agreed to ensure that future residents sign a disclosure document recognizing the heavy industrial uses of the residential area and to work with Staff to create the proper condition buffers.

Vice Mayor Shirakawa, Jr. moved approval of his memorandum, dated December 16, 2002, approving the General Plan amendment and the contingent exchange agreement with Synergy Properties, LLC with the following conditions: the developers continue to work with City Staff to create the proper conditions for future residents, such as the use of buffers, and that any future issues that may arise that result in the halt of production be brought back to the City Council. He commented that he did not want those issues to be handled by Staff and since he was no longer going to be in office, he felt that Council would be able to fix any problems that might occur in the future. Council Member Campos seconded the motion. City Attorney Doyle clarified that the agreement signed by the applicant contemplates that the City Manager may terminate the agreement if there are unacceptable materials, or if the developer impedes the City’s ability to have access to the park and he recommended that before the City Manager acts upon that discretion, he should return to Council and report those facts. Vice Mayor Shirakawa, Jr. agreed to add that direction to his motion. On a call for the question, the motion carried, the Public Hearing was closed and the General Plan amendment proposed by the applicant was approved, and said agreement with Synergy Properties, LLC, was approved and its execution authorized, with the referenced direction to Staff. Vote: 10-1-0-0. Noes: Diquisto.

2.9 (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 a Major Collector (60-90 feet) (Evergreen Planned Residential Community) on the north side of Fowler Road at the terminus of Michelangelo Drive on a 4.6-acre site. (Alliance Title Company, Owner/Staff, Applicant). CEQA: Mitigated Negative Declaration, GP02-08-01. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends deferral to Spring 2003 General Plan Hearing (7-0-0).

GP 02-08-01 – District 8

[Continued from 6/4/02 – Item 1.2(a) et al., 12/3/02 – Item 1.17(a)]

(b) PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend the text to reflect the proposed changes to the Evergreen Specific Plan and the 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. (Alliance Title Company, Owner/Staff, Applicant). CEQA: Mitigated Negative Declaration, GPT02-08-01a. Director of Planning, Building and Code Enforcement recommends approval. Planning Commis-sion recommends deferral to Spring 2003 General Plan Hearing (7-0-0).

GPT 02-08-01a – District 8

[Continued from 6/4/02 – Item 1.2(b) et al., 12/3/02 – Item 1.17(b)]

Documents Filed: (1) Memorandum from Secretary of Planning Commission Stephen Haase, dated November 25, 2002, transmitting the Planning Commission recom-mendation for deferral of the General Plan amendment to 2003 Spring Hearing on General Plan Amendments. (2) Report of the Staff of the Planning, Building & Code Enforcement, dated November 5, 2002, recommending Public Park/Open Space on an approximately 4.6 acres site, realign Altia Avenue and adopt the proposed text amendments to the Evergreen Specific Plan.

Discussion/Action: Council Member Cortese moved to drop Item 2.9 from the General Plan agenda, seconded by Council Member Chavez. Council Member Cortese stated there was no one to speak on behalf of the community in regards to the General Plan Amendment and since the issue dealt with a prospective land swap and involved a public park site within District 8, he believed a great deal of the community would want to speak on the issue, and dropping the item would be best. On a call for the question, the motion carried unanimously, and the item was dropped. Vote: 11-0-0-0.

2.10 PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to modify the Scenic Routes and Trails Diagram to add or modify 15 additional trails/linkages and modify two currently designated trails. (Various, Owners/Staff, Applicant). CEQA: Mitigated Negative Declaration, GP02-T-04. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends deferral to Spring 2003 General Plan Hearing (7-0-0).

GP 02-T-04 – Citywide

(Continued from 12/3/02 – Item 1.23)

2.10 (Cont’d.)

Documents Filed: (1) Supplemental memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, dated December 12, 2002, recommending adoption of revised language for text amendment GO02-T-04, pertaining to establishing trails on abandoned railway rights-of-way, as described therein. (2) Memorandum from Secretary of Planning Commission, dated November 25, 2002, transmitting the Planning Commission recommendation for deferral of the proposed text amendment to the 2003 Spring General Plan Hearing. (3) Report of the Staff of the Planning, Building & Code Enforcement, dated November 12, 2002, recommending adoption of the proposed modification to the Scenic Routes and Trails Diagram. (4) Proof of Publication of Public Hearing Notice to amend the San José 2020 General Plan, executed on November 1, 2002, submitted by the City Clerk. (3) Correspondence from Berliner Cohen, Attorneys-at-Law, dated December 12, 2002, opposing the General Plan (GP02-T-04) and Rails to Trails Amendments.

Discussion/Action: Mayor Gonzales opened the Public Hearing; Donald Burnett and Linda Callan spoke on the issue. Mayor Gonzales stated the City has been repeatedly attempting to contact Union Pacific for authorization to clean the proposed property and billing Union Pacific for the cleaning services. He asked the Union Pacific representative, Linda Callan to relay that information to Union Pacific. The property owner, Don Clemenza spoke in support of the amendment and stated he would be willing to work with the City to implement more trails. Council Member Chavez moved approval of the Staff recommendation, as revised in Supplemental memorandum, dated December 12, 2002, on General Plan Text Amendment File No. GP01-T-04. Council Member Williams seconded the motion. Council Member Yeager asked if the intent was to continue to use the word “establish” in the General Plan text language. Deputy Director of Planning Laurel Prevetti stated that the word “consider” is a softer word but it specifies the intent, which is to examine the opportunities of trails along the abandoned right-of-way and to keep the consistency within the General Plan text language, with respect to the existing policy. On a call for the question, the motion carried unanimously, the Public Hearing was closed, and the Staff recommendation to amend the General Plan Text to modify the Scenic Routes and Trails Diagram to add or modify 15 additional trails/linkages and modify two currently designated trails, amended to read as follows: In addition to trails proposed along major watercourses, additional trail routes should be considered on abandoned rights-of-way; was tentatively approved. Vote: 9-0-2-0. Absent: Shirakawa, Jr., Campos.

2.11 PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to revise various discretionary alternate use policies and a land use designation to eliminate the requirement for a Planned Development zoning in certain situations to facilitate residential development. (Staff, Applicant). CEQA: Resolution No. 65459, GP02-T-05. Director of Planning, Building and Code Enforcement and Planning Commission recommends approval (5-2-0; Levy and Platten opposed).

GP 02-T-05 – Citywide

(Continued from 12/3/02 – Item 1.24)

2.11 (Cont’d.)

Documents Filed: (1) Memorandum from Secretary of Planning Commission Stephen Haase, dated November 25, 2002, transmitting the Planning Commission recommen-dation for approval of the proposed text amendment. (2) Report of the Staff of the Planning, Building & Code Enforcement, dated November 13, 2002, recommending the adoption of the proposed text amendment.

Discussion/Action: This item was deferred to Spring 2003 General Plan Hearing.

2.12 PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT to reduce the aggregate setback for a portion of site “AA” as identified within the Evergreen Specific Plan for the property located at the northeast corner of Aborn Road and Altamira Avenue on a 15.1-acre site. (Alliance Title Company, Owner/Staff, Applicant). CEQA: Mitigated Negative Declaration, GPT02-08-01b. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

GPT 02-08-01b – District 8

(Continued from 9/3/01 – Item 1.9 and 12/3/02 – Item 1.18)

(Renumbered from 1.2)

Documents Filed: (1) Memorandum from the Secretary of the Planning Commission Stephen Haase, dated November 25, 2002, transmitting the Planning Commission recommendation for approval of the proposed General Plan text amendment. (2) Report of the Staff of the Planning, Building & Code Enforcement, dated November 5, 2002, recommending approval of the proposed text amendment.

Discussion/Action: Upon motion by Council Member Cortese, seconded by Council Member Chavez, and unanimously carried, the recommendation of the Planning Director and Planning Commission for the proposed text amendment was tentatively approved. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

FINAL ACTIONS

4.1 Adoption of a resolution finalizing the tentative actions made by the City Council on the Fall 2002 Annual Review of the General Plan and amending the General Plan in conformance herewith. CEQA: See items 1.1 through 2.10.

Documents Filed: None.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, Resolution No. 71362, entitled: “A Resolution of the Council of the City of San Jose Adopting, Pursuant to Title 18 of the San Jose Municipal Code, Amendments to the San Jose 2020 General Plan, San Jose, California”, was adopted. Vote: 10-0-1-0. Absent: Shirakawa, Jr.

4.2 Review and approval of Annual Report on the Status of the General Plan.

Documents Filed: Memoranda from Director of Planning, Building & Code Enforcement Stephen Haase, dated Decmber 6, 2002, and December 13, 2002, recommending the acceptance of the Annual Report of the Status of the General Plan, required pursuant to Assembly Bill 1678.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Cortese, and unanimously carried, the Annual Report on the Status of the General Plan was accepted. Vote: 10-0-1-0. Absent: Williams.

Adjournment

The Council of the City of San José adjourned the General Plan Hearing at 9:27 p.m.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN

CITY CLERK