MINUTES OF THE CITY
COUNCIL
SAN JOSÉ, CALIFORNIA TUESDAY,
AUGUST 19, 2003
The Council of the City of San José convened in adjourned Regular Session at 9:05 p.m. in City Council Chambers at City Hall, to consider proposed amendments to the San José 2003 Summer Hearing of the General Plan.
Present: Council Members - Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members - None.
CONSENT CALENDAR
Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and carried unanimously, the Consent Calendar was approved, and the below listed actions taken as indicated. Vote: 11-0-0-0.
1.1 PUBLIC
HEARING ON GENERAL PLAN TEXT AMENDMENT request to allow interim recreational
uses on public properties within the South Almaden Valley Urban Reserve and
specifically for the property located at the north side of McKean Road,
approximately 1,500 feet westerly of Fortini Road on a 35.4-acre site. (San Jose Unified School District, Owner/City
Council, Applicant). CEQA: Environmental Impact Report in preparation.
(Continued from 11/6/01 – Item 1.37 (a) et al., and 4/15/03 – Item 1.1)
GPT 01-10-02 (previously GP01-T-31) – District 10
Documents Filed: None.
Discussion/Action: Item 1.1
was dropped from the Agenda. To be renoticed.
1.2 PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend the definition of the Transit Corridor Residential (20+ DU/AC) land use designation. (City of San José, Applicant). CEQA: San Jose 2020 General Plan Environmental Impact Report, Resolution No. 65459.
GP 03-T-06 – Citywide
Documents Filed: None.
Discussion/Action: Item 1.2
was continued to Fall 2003 General Plan Hearing.
PUBLIC HEARINGS
2.1 (a) PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change
the Land Use/Transportation Diagram from Medium Density Residential (8-16 Dwelling Units Per Acre (DU/AC) on 7.7 acres and Light Industrial on 2.6 acres to Public Park/Open Space on approximately 10.3 acres (1.2-mile segment) of Union Pacific Railroad and Valley Transportation Authority railroad right-of-way located between Interstate 280 to 135 feet southerly of East Santa Clara Street including a Floating Public Park designation on the portion of the site adjacent to future Martin Park; apply the Transit Mall designation on 10.0 acres (0.4-mile segment) of Valley Transportation Authority railroad and public street rights-of-way located on both sides of 28th Street between Julian Street and 135 feet southerly of East Santa Clara Street. (Valley Transportation Authority (VTA) and Union Pacific Railroad, Owners/City of San José, Applicant). CEQA: Mitigated Negative Declaration, File No. GP03-03-07. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends Public Park and Open Space on an approximately 4.5 acre segment of the Valley Transportation Authority railroad right-of-way located between East William Street and 135 feet southerly of East Santa Clara Street; apply the Transit Mall designation along a 10.0 acre segment of Valley Transportation Authority railroad right-of-way located on both sides of 28th Street between Julian Street and 135 feet southerly of East Santa Clara Street. (6-0-1; Levy Absent).
SNI: Five Wounds/Brookwood Terrace.
GP
03-03-07 – District 3
(b) PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to delete a 0.40-mile segment of the Five Wounds/Brookwood Terrace Scenic Trail located between Julian Street and 135 feet south of East Santa Clara Street from the Scenic Routes and Trails Diagram. [Valley Transportation Authority (VTA) and Union Pacific Railroad, Owners/City of San José, Applicant]. CEQA: Mitigated Negative Declaration, File No. GP03-03-07. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1; Levy Absent).
SNI: Five Wounds/Brookwood Terrace.
GPT 03-03-07 – District 3
Documents
Filed: Memorandum from Secretary of Planning Commission Stephen M. Haase,
dated August 7, 2003, transmitting the Planning Commission recommendation for
approval of the General Plan amendment to the portion of the subject site north
of William Street and the recommendation for no change to the General Plan on
the portion of the proposed General Plan amendment south of William Street.
Discussion/Action:
Mayor Gonzales opened the public hearing. Andrew Faber, representing the
property owner Union Pacific Railroad, spoke of concerns regarding the issue.
Council Member Chavez expressed appreciation of the concerns raised by Mr.
Faber but stated what the City of San José has put forth is beneficial to his
client, and requested moving this project forward to make it easier for this
property to become housing. Council Member Chavez moved approval of the Staff
recommendation, with an addition to designate a floating park on a 1.2 miles
segment of the Union Pacific Railroad/Valley Transportation Authority road
located between Interstate 280 and 135 feet southerly of East Santa Clara
Street, replacing the Staff recommendation for a public park open space
designation. Council Member Yeager seconded the motion. Council Member Chavez
stated the specific trail configuration will be developed by the stakeholders,
the community property owner and the City of San José, which creates an
opportunity for the best solution. She stated the neighborhoods of Five
Wounds/Brookwood Terrace are in dire need of the trail but also understand the
great importance of housing, and for that reason the City of San José has designated
a floating park in order to allow all concerned an opportunity to discuss this.
She stated the City is not outlining the width of the trail in order to allow
flexibility for the parties to come up with a plan that works. She pointed out
that this piece of property is not too far from Martin Park, an area where
there have been problems, and also the safety issues behind Franklin McKinley
School. She declared the community is anxious to obtain the housing in order to
make this neighborhood safer.
Mayor Gonzales expressed concern relative to the lack of action of the Union Pacific Railroad Company in regard to their performance for the cleaning up of this right of way. On a call for the question, the motion carried unanimously, the public hearing was closed, the recommendation of the Staff and Planning Commission was tentatively approved, and Staff directed to designate a floating park on a 1.2 miles segment of the Union Pacific Railroad/Valley Transportation Authority road located between Interstate 280 and 135 feet southerly of East Santa Clara Street, replacing the Staff recommendation for a public park open space designation. Vote: 11-0-0-0.
2.2 PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Residential Support for the Core Area [25+ Dwelling Units Per Acre (DU/AC)] to Medium Density Residential (8-16 DU/AC) for property located in the area generally bounded by Park Avenue, West San Fernando Street, Los Gatos Creek, Delmas Avenue, and State Route 87 on a 6.6-acre site. (Various Owners/City of San José, Applicant). CEQA: Mitigated Negative Declaration, File No. GP03-03-09. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends no change to the General Plan (5-1-1; Zito Opposed, Levy Absent).
SNI: Delmas Park.
GP 03-03-09 - District: 3
Documents
Filed: (1) Memorandum from Council Member Chavez, dated August 18, 2003,
recommending approval of the Staff, and Planning Commission recommendation. (2)
Memorandum from the Secretary of Planning Commission Stephen M. Haase, dated
August 7, 2003, transmitting the Planning Commission recommendation of no
change in the General Plan on the subject site. (3) Letter from Betty Feldheym,
Chair for the Interfaith Council, dated August 18, 2003, in opposition of the
issue.
Discussion/Action:
Item 2.2 and 2.3 were heard together; See Item 2.3 for the full discussion.
Mayor Gonzales opened the public hearing, and there was no discussion from the
floor. Upon motion by Council Member Chavez, seconded by Council Member Yeager,
and carried unanimously, the public hearing was closed, the memorandum from
Council Member Chavez, dated August 18, 2003, and the recommendation of the
Staff and Planning Commission were tentatively approved. Vote: 11-0-0-0.
2.3 PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Residential Support for the Core Area (25+ Dwelling Units per Acre (DU/AC)) to Medium Density Residential (8-16 DU/AC) on approximately 15.6 acres, Neighborhood/Community Commercial on approximately 1.1 acres, Public/Quasi-Public on 0.4 acre and Floating Public Park/Open Space for property located in the area generally bounded by Interstate 280, Columbia/West San Carlos Street, Bird Avenue, Delmas Avenue, and State Route 87 on a 17.1-acre site. (Various Owners/City of San José, Applicant). CEQA: Mitigated Negative Declaration, File No. GP03-03-10. Director of Planning, Building and Code Enforcement recommends approval. Planning Commission recommends no change to the General Plan (6-0-1; Levy Absent).
SNI:
Delmas Park.
GP 03-03-10 – District 3
Documents
Filed: (1) Memorandum from Council
Member Chavez, dated August 18, 2003, recommending approval of the Staff, and
Planning Commission recommendation. (2) Memorandum from Secretary of Planning
Commission Stephen M. Haase, dated August 7, 2003, transmitting the Planning
Commission recommendation of no change to the General Plan on the subject site.
(3) Letter from Betty Feldheym, Chair for the Interfaith Council, dated August
18, 2003, in opposition of the issue.
Discussion/Action: Note Item 2.3 and 2.3 were heard
concurrently. Mayor Gonzales opened the public hearing. Speaking on the issue were Sabina Hall,
Michael Coleman, Craig Sutherland, Kevin Cook, Coleen Coleman, Carolyn Downey,
Kathy Sutherland, Delmas Park Neighborhood Association. Council Member Chavez
stated this community is requesting medium density, which is very visionary to
be that thoughtful about their neighborhood, and recognizing this area will be
one of the more livable parts of downtown San José. She asked her colleagues to
support the Staff recommendations and she understands the Planning Commission’s
concern, however, as a whole this is a very important part of downtown and she
supports the vision of the neighborhood. Council Member Chavez moved approval
of her memorandum dated August 18, 2003, and the Staff recommendations. Council
Member Yeager seconded the motion
Council Member Yeager expressed appreciation for
Council Member Chavez’ comments, including her memorandum reminding everyone of
the higher density in the area, and also it is a charming area with close
proximity to the downtown. On a call for the question, the motion carried
unanimously, the public hearing was closed, the memorandum from Council Member
Chavez, dated August 18, 2003, and Staff and Planning Commission
recommendations were tentatively approved. Vote: 11-0-0-0.
2.4 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 (DU/AC)) to Public Park and Open Space for property located on a portion of the PG&E easement between Capitol Park and Capitol Expressway on a 3.2-acre site. (Hans P. Hager and Pacific Gas & Electric Company, Owners /City of San José, Applicant). CEQA: San Jose 2020 General Plan Environmental Impact Report, Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend Public Park and Open Space on 0.2 acre and Private Open Space on 3.0 acres (6-0-1; Levy Absent).
SNI: East Valley/680 Communities.
GP03-05-03 – District 5
Documents
Filed: Memorandum from Secretary of
Planning Commission Stephen M. Haase, dated August 7, 2003, transmitting the
Planning Commission recommendation for approval of the amendment to Private
Open Space on 3 acres and Public Park/Open Space on 0.2 acres.
Discussion/Action: Mayor Gonzales opened the public hearing.
Barton Hechtman gave a short presentation on behalf of the property owner, Hans
Paul Hager. Mr. Hechtman asked if the City Council would instruct the
appropriate member of City Staff to issue a letter that simply states the City
of San José would not consider this redesignation of the property to private
open space in valuing the property for purchase. He stated it is a fairly
simple concept and it will void any misunderstandings in the future. City
Attorney Richard Doyle stated this item was brought up at the Planning
Commission and was properly brought out that the valuation of the property is
not a land use issue, and it is not the intent through this General Plan
Amendment proposal to affect the valuation of the property. He stated the City
does not intend, by going through this amendment, to impact the value of the
property and the statement on the record should suffice.
Council Member Campos stated this
is an area between the Capitol Expressway and the future Dobern Bridge that
will cross over to Capitol Park, and it was actually a project that came
forward between the SNI groups. She stated this project will connect the
community to future trails within east San José and the rest of the City of San
José. She declared this property is an area that is currently being served as a
dumping ground, and does not have the ability to be built as any type of high
density or any other use for many years, because of the fact that it is between
homes that serve as a walkway. She commented as a walking trail it connects to
the other trails that are on the other side of Capitol Park which serve the
community well, and asked her colleagues to support the rezoning. Upon motion
by Council Member Campos, seconded by Vice Mayor Dando, and carried unanimously,
the public hearing was closed, and the Staff
and Planning Commission recommendation were tentatively approved. Vote:
11-0-0-0.
2.5 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 (DU/AC)) to Medium Density Residential (8-16 DU/AC) for property located at the east side of McLaughlin Avenue, approximately 100 feet northerly of Candia Drive on a 0.8-acre site. (Dhillon Bhupindar S. Trustee & et. al., Owner/Applicant). CEQA: Mitigated Negative Declaration, File No. GP03-07-01. Director of Planning, Building and Code Enforcement recommends approval on expanded 2.5-acre site. Planning Commission recommends no change to the General Plan (5-0-1-1; Levy Absent, Dhillon abstaining).
(Continued from 4/15/03 – Item 1.8)
GP 03-07-01 – District 7
Documents Filed: (1)
Memorandum from Council Member Gregory, dated August 14, 2003, recommending
denial of the Staff recommendation regarding the General Plan amendments. (2)
Memorandum from Secretary of Planning Commission Stephen M. Haase, dated August
7, 2003, transmitting the Planning Commission recommendation of no change to
the General Plan.
Discussion/Action: Item 2.5
was dropped.
2.6 PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend the text to add a new Transportation/Aviation policy recognizing and supporting the federal government’s continued operation and development of Moffett Field in a manner consistent with City and regional objectives of future civil aviation use. (City Council, Applicant). CEQA: San José 2020 General Plan Environmental Impact Report, Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1; Levy Absent).
GP 03-T-07 – Citywide
Documents
Filed: (1) Memorandum from
Secretary of Planning Commission Stephen M. Haase, dated August 7, 2003,
transmitting the Planning Commission recommendation of approval of the proposed
text amendment. (2) Letter from Gerri Caruso, Principal Planner, City of
Sunnyvale, dated August 19, 2003, objecting to the proposed text amendment.
Discussion/Action: Mayor Gonzales opened the public hearing on the
General Plan Text Amendment, and there was no discussion from the floor. Upon
motion by Council Member Chavez, seconded by Vice Mayor Dando, and carried
unanimously, the public hearing was closed, and the Staff and Planning
Commission recommendation were tentatively approved. Vote: 10-0-1-0. Absent:
Yeager.
RECONSIDERATIONS
There were no requests for
reconsideration of previously heard items.
FINAL ACTIONS
4.1 Adoption of a resolution finalizing the tentative actions made by the City Council on the Summer 2003 Hearing of the General Plan and amending the General Plan in conformance herewith.
Documents Filed: None.
Discussion/Action: Mayor
Gonzales opened the public hearing, and there was no discussion from the floor.
Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and carried
unanimously, the public hearing was closed, and Resolution No. 71717, 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 José, California”, was adopted. Vote: 10-0-1-0. Absent: Yeager.
Adjournment
The Council of the City of San José adjourned at 9:31 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK