To: HONORABLE MAYOR AND From: Stephen M. Haase

CITY COUNCIL

Subject: SEE BELOW date: November 24, 2003

COUNCIL DISTRICT: 4

SNI AREA: None

SUBJECT: PP03-10-311: Modification to the North San Jose Area Development Policy to increase the maximum allowable building height consistent with the San Jose 2020 General Plan.

RECOMMENDATION

The Planning Commission voted (7-0-0) to recommend the adoption of the proposed modification to the North San Jose Area Development Policy to increase the maximum allowable building height consistent with the San Jose 2020 General Plan.

BACKGROUND

On November 17, 2003, the Planning Commission held a public hearing to consider a staff- initiated modification to the North San Jose Area Development Policy to increase the maximum allowable building height consistent with the San Jose 2020 General Plan.

The Director of Planning, Building and Code Enforcement recommended approval of the proposed policy modification. As explained in the attached staff report, it is staff’s position that the proposed modification to the North San Jose Area Development Policy would not change the substance of the Policy other than to clarify that the General Plan is the controlling document for establishing maximum building heights. Any potential modification to the maximum building heights stipulated in the General Plan would be reviewed through the General Plan Amendment process. Staff concluded that the proposed modification to the Policy was consistent with the Major Strategies, Goals and Policies of the General Plan.

ANALYSIS

Commission Discussion

In response to a question from the Commission, staff indicated that the proposed modification is only intended to eliminate inconsistencies between the North San Jose Area Development Policy and the San Jose 2020 General Plan regarding the maximum allowable building height, and that the proposed modification would not change the substance of the policy other than recognizing the General Plan as the controlling document for establishing maximum building heights.

The Commission voted (7-0-0) to recommend to the City Council approval of the proposed modifications to the North San Jose Area Development Policy as proposed by staff.

PUBLIC OUTREACH

A notice of the public hearings to be held on the proposed modification to the North San Jose Area Development Policy in November and City Council in December was published in the San Jose Mercury. In addition, the Department's web-site contains information regarding the General Plan process, amendments, staff reports, and hearing schedule. This site is available to any member of the public and contains the most current information regarding the status of the amendments.

CEQA

Addendum to the Program Environmental Impact Report for the San Jose 2020 General Plan Final EIR, Resolution No. 65459, for this proposed modification to the North San Jose Area Development Policy.

STEPHEN M. HAASE, SECRETARY

Planning Commission