Developer James Kennedy, who bought the 1.16-acre lot with its one existing house at 1726 Peregrino Way, is asking the city to change the zoning density so he can construct multiple homes on the property.

The parcel is zoned for a maximum of two dwellings per acre—very low density—and Kennedy originally wanted to subdivide the property into four 12,500-square-foot lots, with single-family homes.

After three months of delayed public hearings, six letters objecting to the project and three community meetings, the San Jose Planning Commission on July 28 approved the rezoning of the property from very low to low density, a designation that permits up to five dwellings per acre.

However, before making its final recommendation, the commission wrestled with the approval, concerned that "this General Plan change would give the green light to a four-lot subdivision without further public input," according to minutes from the July meeting.

The San Jose Planning Department, however, said that it is unlikely that a four-parcel subdivision could be proposed to meet the "depth-to-width ratio" and satisfy the city's subdivision ordinance requirements under Title 19.

San Jose Planner Jenny Nusbaum said city staffers would not grant a waiver to subdivide the property into four or five parcels. However, she said city planners would support three lots if all other city requirements were met.

"With three, it's a lot more straightforward," Nusbaum said.

Moreover, the San Jose Planning Department noted that subdividing the site into four lots would create narrower, deeper parcels that would not conform with the existing neighborhood.

However, the developer could propose a four-home project and appeal his request to the director of planning.

John DiTullio, who has lived on Peregrino Way for 48 years, a few houses from the proposed project, said he always knew the larger lot would be developed someday.

"I'm not opposed to the idea if they are well-developed, high-priced homes that add to the value of the neighborhood," DiTullio said. "You're not going to ruin the neighborhood with $2 million houses."

He said that three more houses would not substantially increase the traffic on Peregrino Way.

"There's a lot of traffic on the street as it is for this type of out-of-the-way street," he said.

But he added that he hoped the developer would preserve as many trees on the woodsy lot as possible.

However, Peregrino Way resident Wendell Goesling opposes the density change.

"The guy knew the number of lots when he bought it," Goesling said. "He's just a speculator."

Goesling, who has lived in his home for 33 years, said the neighborhood is well established and has many longtime residents.

"He bought it and I don't want to deny him his rights, but I want to hold onto what we've worked for," he said.

On July 29, Kennedy sent a letter to one concerned neighbor stating that his company, West Valley Financial Group, had reconsidered the four lots "due to neighborhood resistance and input from the planning staff" and has decided to proceed with three houses.

"I think the community would prefer not to see the project, but they are more open to three lots than four," Nusbaum said.

The project's final approval to allow more than two houses goes before the San Jose City Council in council chambers, 801 N. First St., on Sept. 7, at 6 p.m. The public is invited to attend.