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City Beat
SJ Planning Commission scales back WG project
City council will consider changes at Aug. 21 meeting
By Moryt Milo
The San Jose City Planning Commission voted Aug. 8 to approve the General Plan amendment of 2.72 acres of land from neighborhood-commercial uses to residential-commercial uses, but voted to scale back a larger 9.5-acre parcel of land in Willow Glen.
The amendments will affect the Willow Glen Hacienda Gardens shopping center area, north of Foxworthy Avenue.
The commission is recommending to the San Jose City Council that the 9.5 acres of the Hacienda Gardens shopping center, north of Foxworthy Avenue be changed to allow developer Mark Tersini to build between 80 and 160 single-family dwelling units total on the land.
The change is a much lower density level than requested by Tersini, or recommended by the San Jose Planning Department.
The city council will consider the recommendation at an Aug. 21 meeting at 7 p.m., in the city council chambers, 801 N. First St.
Although the planning department recommended that the project's density be changed to medium-high density, or 12-15 dwelling units per acre, Hacienda Gardens shopping center business owners and nearby Willow Glen residents have continued to express concerns about the change in San Jose city policy which would allow construction of the project.
District 9 residents expressed their concerns over the proposal during a packed Aug. 2 meeting at the Church of the Chimes and again at the Aug. 8 meeting in the council chambers.
According to Willow Glen resident Noel Carpenter, a member of the 9th District Action Committee, "Councilman John Dequisto called [the Aug. 2] meeting to hear the voice of the people." But to everyone's disappointment, the councilman didn't attend. Also absent at the Aug. 2 meeting was Gary Rajkovich, the property owner. However, Chris Hemmingway, Dequisto's aid, attended as well as Mike Mena, San Jose city planner; and Laurel Prevetti, acting deputy director for the planning department.
Residents are opposing two General Plan amendments affecting the shopping center, on the northwest and southwest corners of Meridian and Foxworthy avenues. Rajkovich wants to change the zoning from commercial uses to residential uses and develop the property as high-density residential land, which would allow for the construction of 25-50 single-family units per acre and would permit construction of three- to four-story developments totaling 400 units.
The properties affected by the proposal include 9.5 acres of the center on the north side of Foxworthy Avenue, not including the PW Market or the Chevron gas station. On the south side, the land use would be mixed. The 2.7 acres along Yucca Avenue between Foxworthy and Hillsdale would be high-density housing, with between 3,000 and 9,000 square feet for retail use. The 400 units would be constructed on the two sites.
The issue has District 9 Willow Glen neighbors up in arms. "There is another amendment before the city council from zone 6," said Rhonda Hansen, a key member of the 9th District Action Committee. "That developer is asking for medium density [8-16 units per acre]. We are that same kind of neighborhood."
Planning department officials told the neighbors on Aug. 2 that it would recommend to city commissioners to reduce the project's density.
The city's position, according to Mena, is it's too high a density for that area. The planning department is recommending medium-high density, which is between 12 and 25 single-family units per acre.
However, at the Aug. 8 hearing, Tersini, who is also a spokesman for Rajkovich and for KT Property, unveiled a proposal that reduced the density to medium-high, only on the 2.7-acre parcel of land. On the larger parcel, the 9.5 acres, the developer wants to construct 30-plus units per acre, which would fall into the high-density category.
"It's very clear from the responses I got to the negative declaration and petitions, that the majority of the people were very much against [the proposed changes]," Hansen said. "They want their shopping center to stay and be upgraded."
Mario Cuschieri, a Willow Glen resident who lives half a block from the shopping center, said: "We have been asking [the landlord] for the last 15 years to improve the shopping center."
Cuschieri, like many of his neighbors, is concerned about losing important services, and a significant increase in traffic, crime, pollution, and a decrease in property values.
The community sees the shopping center as a full-service center. "Whether it's second class because it's been allowed to degenerate or not, it still provides a multitude of services," Hansen said.
Hansen said that notifying neighbors living within a 1,000-foot radius of the shopping center about the project was not adequate. Hansen, who lives 1,000 feet from both areas of the proposed rezoning, said changes to the shopping center affect residents who live beyond the 1,000-foot notification requirement. "There were a lot of people caught way off guard," he said.
Planning Commission Chairman Jay Ross responded immediately to the crowd, indicating the commissioners would make sure the General Plan amendments concerning the shopping center were addressed and voted on during the session.
When the amendments were finally heard at 9:45 p.m., commissioners were sympathetic to the neighbors' concerns, allowing extra time for the applicants of the negative declaration (the individuals expressing their opposition to the project) to voice their arguments.
Likewise, the commission gave equal time to Tersini, who showed a conceptual design of how the project might look and discussed how the changes would improve the community.
A hot button was how traffic will impact the area. The San Jose Department of Transportation has only reviewed the proposal on a citywide basis. "At the general planning stage, the city doesn't look specifically at immediate intersections," Mena said. "It's basically because we don't have a particular development proposal before the city yet."
Tersini also addressed concerns regarding the project's intent. "This is not being developed as affordable housing," Tersini said. "This is a market-rate project. Our goal is to enhance the flow, function and vitality of the center. The center has not had vitality for a number of years."
He further indicated that the commercial portion of the property will be upgraded and that current tenants who are on a month-to-month basis will be approached to "find out if the new revitalized shopping center works for them and would they like to stay in this area."
Tersini was outnumbered by neighbors who, one by one, addressed the commissioners with their concerns that the project would add to school overcrowding; neighbors who wouldn't share in pride of ownership; and those who contend that the conceptual design didn't fit how the neighborhood was initially developed.
At 1:30 a.m. the neighbors received their answer.
The commission, which patiently listened and then unhurriedly discussed the issue, voted to approve the change from commercial to residential, but at a much lower density level than requested by the developer, or recommended by the planning department.
"I don't want to be a not-in-my-backyard person," Hansen said. "If I had my choice, my preference is to still upgrade the shopping center. But if I'm not going to get what I want, then it's OK to put in housing, but what complies with my home and neighborhood."
Out of this dispute, Willow Glen resident Noel Carpenter said she sees a silver lining: "To see the voters coming out with such passion and involvement, that's even more important than the shopping center. Getting the community involved in things that affect their lives. Most of the time, people are passive and apathetic. This is one time the community has come together with tremendous force and strength. That is going to last far beyond the issue of this development."
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Willow Glen, California Since 1992
