To: HONORABLE MAYOR AND From: Stephen M. Haase

CITY COUNCIL

Subject: PROPOSED ZONING CODE Date: October 15, 2003

AMENDMENT, DOWNTOWN

ZONING REGULATIONS

COUNCIL DISTRICT: 3

SNI AREAS: Market-Almaden University

RECOMMENDATION

The Planning Commission voted (5-0-2, James & Zamora absent) to recommend that the City Council adopt the proposed ordinance amending Chapters 20.70 of Title 20, the Downtown Zoning Regulations, as presented by staff.

BACKGROUND

On October 8, 2003, the Planning Commission held a public hearing to consider the proposed ordinance to modify the Downtown Zoning regulations. The Planning staff and Redevelopment Agency staff recommended approval of the proposed ordinance, as outlined in the attached staff report. RDA staff presented some minor revisions to Part 4 (Parking) of the draft ordinance and answered questions. There were three members from the public present to speak on the proposed ordinance.

Scott Knies, representing the Downtown Association, gave a brief overview of the comments included in their letter dated October 8, 2003. A copy of that letter is attached. He clarified that the second comment in the letter, regarding referrals to HLC, was intended to support a referral to the Historic Landmarks Commission for all new construction in the historic district, and not be limited based on height or FAR.

Alex Marthews, representing PACSJ, stated concerns about the reduced role of the Historic Landmarks Commission and implications to the historic preservation process. He was concerned about jeopardizing the City’s Certified Local Government status and inability to conduct the Section 106 process for projects in the historic district.

Henry Cord, a member of the Downtown Association, reiterated the comments of the Downtown Association, particularly with regard to the ground floor retail provisions and the lack of specifics for the design review process. He supported the historic process as proposed by staff in the Commission report.

PLANNING COMMISSION DISCUSSION

Vice-chair Levy requested staff to respond to the issues raised by the speakers. Staff provided an explanation of the City Council’s vision and direction to staff for the consolidation of various permits and streamlining the development review process for downtown projects. Staff explained the “after hours” issue was under consideration and would be brought forward to Council as a separate package at a later date. The Commission voted to support a recommendation of approval of the draft ordinance as proposed by staff.

PUBLIC OUTREACH

Presentations have been made to the Downtown Association Operations Committee, Executive staff of the Downtown Association, the Market-Almaden Neighborhood Advisory Committee (NAC), the Planning Department’s Developers Roundtable, the Historic Landmarks Commission, Spartan Keyes NAC, as well as discussions with members of the Preservation Action Council of San Jose and staff from the Chamber of Commerce. Additionally, information on the proposed ordinance has been posted to the Department of Planning, Building and Code Enforcement’s webpage, and the public hearing notice was published in the Post Record on May 14, 2003. Notices were mailed to affected property owners as well in September.

COORDINATION

Preparation of this memo has been coordinated with the City Attorneys Office and the Redevelopment Agency.

CEQA

San Jose 2020 General Plan EIR, Resolution #65459.

STEPHEN M. HAASE, SECRETARY

Planning Commission

Attachment