To:   HONORABLE MAYOR AND                   From:   Stephen M. Haase[LI1] 

                        CITY COUNCIL

 

   Subject:   SEE BELOW                                               Date:   November 21, 2003

 

COUNCIL DISTRICT:  2

 

SUBJECT:  PDC02-086.  PLANNED DEVELOPMENT REZONING FROM IP INDUSTRIAL PARK TO IP(PD) PLANNED DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF BLOSSOM HILL AND COTTLE ROADS

 

 

RECOMMENDATION

 

The Planning Commission voted 6-1 (Commissioner Zamora, opposed) to recommend that the City Council conditionally approve the subject Planned Development Rezoning with the following conditions of approval:

 

1.                  Preserve the majority of Building 025 and involve the Historic Landmarks Commission in the design.

2.                  Reduce the overall on-site parking from 855 parking spaces to approximately 500 parking spaces.

3.                  Preserve as many trees as possible.

 

The Commission also indicated the need for a complete citywide inventory of historically significant high-tech, mid-century industrial buildings.

 

 

BACKGROUND

 

On November 19, 2003, the Planning Commission held a public hearing to consider a Planned Development Rezoning from IP Industrial Park to IP (PD) Planned Development to allow the development of approximately 222,000 square-feet of commercial uses.

 

 

Staff Presentations

 

The Director of Planning, Building and Code Enforcement recommended approval of the proposed rezoning.  Planning staff made a brief presentation on the project summarizing information included in the original and supplemental staff reports for the project.  Staff  indicated that an errata sheet and additional information regarding the original IBM facility at 99 Notre Dame Avenue had been transmitted to the Commission at the beginning of the meeting.

 

Paul Krutko, the Director of Economic Development, made a presentation on the economic benefits of the project and the City’s ongoing process to develop an economic strategy.  He indicated that the City of San Jose is 20 percent below it retail sales potential given the purchasing power of the City’s residents; therefore that share of sales tax revenue is lost to other jurisdictions.  He clarified the need for a range of jobs and salaries and indicated that the proposed project would generate $500,000 in sales tax revenue annually and generate 300 construction jobs and 175 to 200 permanent jobs.

 

Public Testimony

 

James Manion, representing Lowe’s Home Improvement Warehouse, spoke in favor of the project.  He indicated that the proposed project would provide 200 new jobs that average $14 per hour.  In response to concern expressed by the Commission that the project’s site plan was inflexible, Mr. Manion indicated that the proposed store design and associated site layout had evolved over 57 years resulting in an efficient retail facility that meets the needs of its customers.  He indicated that key considerations in the store design include the need for product adjacencies, wide aisles, and convenient access for loading customer purchases without elevators, escalators or steeply sloped parking garages.  He indicated that the size of site needed for a Lowe’s facility (12 acres) had  resulted in the Company exploring a two-story design in six previous situations, but in each instance Low’s had rejected two-story option.  In response to a question from the Commission regarding the need for visibility, Mr. Manion clarified that visibility of the store was an important consideration in regard to tree removal, but that Lowe’s would replace any trees proposed for removal at a ratio of 4 to 1.  

 

Mark Stoner, Senior Real Estate Manager for Lowe’s, stated that Lowe’s had been looking for a store site in the San Jose area for four years and that the subject site is the only one that meets the Company’s needs and has an appropriate General Plan designation.

 

Don Reiner, District Manager for Lowe’s responded to the Commission’s question regarding the number of daily customers and provided additional information regarding the Lowe’s pay scale and job opportunities.  He indicated that based on review of store receipts at other sites, Lowe’s would experience approximately 3000 Saturday customers (customers who make purchases).  He clarified that the $14 per hour is the average hourly pay for all store employees, including 4 key managers, 4-6 zone managers, 19 department managers and a number of product specialists.

 

 

Craig Nemson, representing IBM, stated that Building 25 was part of a larger campus designed by the same architect, John Bolles, and pointed out that a number of buildings on the site look very much like Building 25.

 

Alex Marthews and Judy Henderson spoke on behalf of the Preservation Action Council of San Jose.  Alex Marthews stated that the Commission should focus on the land use issue and should not take into account economic issues.  He stated that what happened at IBM Building 25 changed the world and that the building should be preserved.  He noted that the Lowe’s, with its pre-set, big box design, gave the perception of the inflexibility.  Mr. Marthews stated that Building 025 could be reused for a community center, school, or possibly incorporated into the project as part of the garden center.  Judy Henderson indicated that Lowe’s needs to change the way it operates because the world is changing; large parcels of land are no longer available.  She indicated that Lowe’s should look seriously at an L-shaped alternative to save Building 25.  The Preservation Action Council presented the Commission with alternative site plans that preserved Building 25.

 

Jennifer Renk, representing Lowe’s, stated that Building 25 is not unique, that there are twelve  similar buildings on the IBM campus.  She pointed out that Lowe’s efficient business plan, which has influenced the design of the proposed store, should not be mistaken for inflexibility.

 

Steve Polson, Vice Chair of the City’s Historic Landmarks Commission, stated that historic preservation is not standing in the way of economic development, that both can be achieved.  He pointed out that Building 25 is not a shrine, but a well-designed, important building that has a story to tell and should not be destroyed.  He also clarified that other buildings on the IBM Campus were not designed by John Bolles and that, unlike Building 25, they have been modified over time.  He indicated that these buildings may qualify as “contributing structures”, but were unlikely to qualify as landmarks.

 

Jim Cuneen, representing the Silicon Valley Chamber of Commerce, spoke in favor of the project, pointing to the significant sales tax revenue and jobs Lowe’s would generate and expressing concern that San Jose be viewed as a place where businesses are welcome, especially given the current economic conditions.  

 

Neil Struthers, representing the Building and Construction Trades Council, spoke in opposition to the project, focusing on the project’s impact on Building 25 and the loss of a significant number of trees and concluding that the project did not represent smart growth.  He stated that the project had not mitigated it impacts and that Lowe’s should not be allowed to bully the City.

 

Several residents of the Makati Circle neighborhood expressed concern regarding existing cut-through traffic in the neighborhood and additional traffic that may be generated by the project.  Residents also expressed concern regarding noise and air quality impacts, the large number of trees proposed for removal, the 1200-1300 vehicle trips per day generated by the project and the project’s impact on the freeway on-ramp. Residents questioned the adequacy of recent traffic counts taken by the City.  Several stated that Bangor Avenue should be closed.  Public Works responded that traffic counts taken in the neighborhood do not indicate the need for traffic calming measures at this time but that the prior traffic counts would serve as a baseline for any future assessment. Staff made a commitment to the neighbors to review the traffic counter locations used and assess whether new counts are necessary.  

 

The Planning Commission then closed the public hearing.

 

Commission Discussion

 

Commissioner Zito stated that Building 25 is a valuable asset to the City that should be preserved.  He further indicated that the existing trees should be preserved and commented on the applicant’s apparent inflexibility in the design of the project.

 

Commissioners Zamora and Dhillon stated that the 99 Notre Dame City Landmark is the important site in the history of IBM in San Jose.  Commissioner Dhillon indicated that Building 25 is important but more for the memories it evokes than the bricks and mortar.  Commissioner Zamora stated that Building 25 is of no value as compared to 99 Notre Dame.  He stated that removal of the trees is beneficial because the 4 to 1 replacement ratio would result in more trees.  He indicated support for the project as proposed by the applicant, noting that the City needs jobs of all kinds.  Commissioner Zamora made a motion to recommend approval of the project.

 

Commissioner James expressed concern regarding the loss of trees and potential for cut-through traffic.  He stated that Lowe’s had not been flexible and was not treating the neighborhood with respect.  He saw no need to remove trees on the site and replace with blacktop.

 

Commissioner Levy expressed support for Lowe’s coming to San Jose, but indicated that the Company had not been flexible.  He articulated that it is important to save Building 25 and that both the historical building and the Lowe’s facility could be accommodated on the site.  He stated that there appear to be too many parking spaces proposed for the site.

 

Commission Platten concurred with Commissioner Levy’s comments.  He pointed to the Allen Hess article in the San Jose Mercury News and stated that Building 25 is a part of our tradition, our heritage.  He pointed to the need to achieve economic development and preserve Building 25 in conformance with General Plan smart growth principles.  He stated that the City needs to make sure that the proposal addresses all of the General Plan objectives for preservation of historic buildings and ecological resources.  He concurred that too much parking was proposed on the site and suggested a reduction to facilitate preservation of Building 25 and existing trees.

 

Commissioner Campos identified three issues he felt to be important for the project.  He expressed concern regarding the removal of trees and indicated that this was a loss for the local community, especially if it takes 20 years for new trees to mature.  He stated that he was not comfortable with the delay in the improvements to the interchange at U.S. 101 and Blossom Hill Road and questioned what would happen if the funds were not available.   Finally, he articulated the importance of Building 25 and its preservation.

 

The Commission discussed the possibility of accommodating both Building 25 and the Lowe’s project on the site; several Commissioners stated that this appeared to be possible.  Commissioners indicated that they believed that it was not necessary to cut down as many trees to increase store visibility, and felt that over time customers would know where the store was located.

 

Commissioner Zamora declined a proposal by Commissioner Levy for a friendly amendment to the motion for approval and called for a vote on the motion.  The motion for approval of the project as proposed by the applicant failed 2-5 with Commissioners Campos, Levy, Zito, James, and Platten opposed.

 

Public Works staff clarified the Edenvale Area Development Policy and the associated $11,000,000 worth of traffic improvements.  Staff indicated that these improvements are currently under construction or construction contracts are about to be bid.  He indicated that Lowe’s will be conditioned to contribute its fair share of the cost of these improvements. 

 

Commissioner Levy made a motion to recommend approval of the project with the conditions that parking be reduced to 500 spaces, that additional trees be saved and that the project design be modified, with input from the Historic Landmarks Commission, to save the majority of Building 25.  He also noted the need for an inventory of significant, mid-century, high-tech buildings in San Jose.   The motion passed 6-1, Zamora opposed.

 

 

PUBLIC OUTREACH

 

A notice of the public hearing was distributed to the owners and tenants of all properties located within 1,000 feet of the project site. Additionally, copies of the Draft Environmental Impact Report have been available for public review in both the Martin Luther King Library and the Santa Teresa Branch Library.  Staff has received numerous communications from the residents of Makati Circle, located to the southeast of the project site, regarding existing cut-through traffic and a number of letters from historic preservation organizations and advocates emphasizing the historic significance of Building 25 and requesting its preservation.  All correspondence received is attached to this report.

 

A Community meeting was held on February 19, 2003, at the Southside Community Center (across the street from the subject site).  Topics and issues discussed at that meeting included the following: traffic, safety, cut-through traffic, frequency of truck deliveries and truck routes, labor practices, alternative land uses, the number of trees being removed, potential impacts to the community center and associated facilities, wildlife, loss of Building 25 and alternatives to avoid or mitigate impacts to the significant historic resource, and project signage.  On August 21, 2003, the property owner conducted a tour of the existing IBM Building 25 for the City of San Jose Historic Landmarks Commission, Planning Commission and interested members of the public.

 

 

COORDINATION

 

This project was coordinated with the Department of Public Works, Fire Department, Police Department, Environmental Services Department and the City Attorney. 

 

 

STEPHEN M. HAASE

Secretary, Planning Commission

 

 

 

c:    Jim Manion, Site Development Manager, Lowe’s Home Improvement Warehouse, 1530 Faraday Avenue, #140, Carlsbad, CA 92008

      Craig Nemson, IBM / Hitachi, Manager, Space Planning and Engineering, 5600 Cottle Road, San Jose, Ca. 95193

      Mark Stoner, Lowe’s Home Improvement Warehouse, Sr Real Estate Manager, 1530 Faraday Avenue, #140, Carlsbad, CA 92008

Dave Heinrichsen, Nolte Beyond Engineering, 1731 North First Street, Suite A, San Jose, CA 95112-4510

BRR Architecture, 6700 Antioch Plaza, Suite 300, Merriam, KS 66204

Maurice Abraham, Land Solutions, 4334 Santa Rita Road, El Sobrante, CA 94803

Mirabel Aguilar, City of San Jose, Public Works Department

Vincent Stephens, Santa Clara Valley Water District, Community Projects Review Unit, Main Building, 5750 Almaden Expressway, San Jose, CA 95118

Gloria Sciara, Chair, City of San Jose, Historic Landmarks Commission

Judith Henderson, Chair, Preservation Action Council/San Jose, P.O. Box 2287, San Jose, CA 95109

Mary Daniels, Lecturer in Architecture, Librarian Special Collections, Harvard Design School, Harvard University, George Gund Hall, 48 Quincy Street, Cambridge, MA 02138

Jeff Winkler, Board Member, Terrace Villas HOA, 5707 Makati Circle, #C, San Jose, CA 95123

Marc Joseph, Adams Broadwell Joseph & Cardozo, Attorneys at Law, 651 Gateway Boulevard, Suite 900, South San Francisco, CA 94080

Ronald DeChance, President, Board of Directors, Terrace Villas, 5368 Makati Circle, San Jose, CA 95123

Michael Singer, 5832 Killarney Circle, San Jose, CA 95138

      David Vanderslice, 5691-B Makati Circle, San Jose, CA 95123

      Josue Garcia, Deputy Executive Director, Santa Clara & San Benito Counties Building & Construction Trades Council, 2102 Almaden Road, Suite 101, San Jose, CA 95125-2190

Susan Conley, 5697 Makati Circle, San Jose, CA 95123

Juanita Morrow, 5696 Makati Circle, D, San Jose, CA 95123

Brian Massey, 5698 Makati Circle, San Jose, CA 95123

Brian Maas, 5206 Makati Circle, San Jose, CA 95123

Geoff Schuller, 5552 Makati Circle, San Jose, CA 95123

Dawn Axlund, 5226 Makati Circle, San Jose, CA 95123

KC Walsh, 5689 Makati Circle, San Jose, CA 95123

      Beth Balog, 5688 Makati Circle # E, San Jose, CA 95123

      Raymond Ruhland, 5250 Makati Circle, San Jose, CA 95123

      Laura Cunningham, 5705 Makati Circle # G, San Jose, CA 95123

 


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