The San Jose Planning Commission voted unanimously to approve a recommendation on March 22 to allow a maximum of 502 attached-residential units and a minimum of 50,000 square feet of retail/commercial space up to a maximum of 100,000 square feet.

The commission also recommended the developer place the retail portion of the project along the frontages of Southwest Expressway, Fruitdale Avenue and St. Elizabeth Drive.

The commission is requiring the developer to create public access for the open space portion of the project, along with additional retail space.

San Jose city planner Carol Hamilton spoke about public concerns regarding open space accessibility, saying this portion of the project is supposed to be for public use. But the developer wanted to fence off the open space and gate the walkways, described as "paseos" in the plans.

"The open space makes this a wonderful project," Hamilton said. "But the paseos should not be gated. We could deal with fencing around open space at a later time."

Vidovich argued safety was an issue at night and a fence around the open space was necessary.

The commission worked out a compromise, where the paseos will remain accessible and the open space will be fenced in.

The commission, however, agreed with residents that the developer had not designed enough retail space into the project.

Resident Mark Lucas said, "I'd like to see more retail. We need to bring more people into the area and have them do some shopping. We need to make this area more economically uplifting."

Willow Glen Neighborhood Association board member Harvey Darnell agreed with Lucas.

"Every time the light rail goes by, you hear ching-ching-ching," Darnell said. "It's the sound of cash registers in Campbell from people living in this area and spending their money there."

Darnell points out there aren't enough amenities for the residents in the area and, if retail is not added to this project, they will shop elsewhere.

Neighborhood association president Ed Rast added he'd seen other light rail projects start out as mixed use, then move to retail and residential and finally residential only, and he doesn't want that to be the case in this development.

The commissioners resolved the retail issue by requiring Vidovich to increase the retail space by 20,000 square feet.

The project, which consists of two development phases, is already under construction. The second phase was controversial because one building, dubbed "The Tower," was approved up to 85 feet. It would be reconfigured with three tiers. The first two levels, reaching 65 and 75 feet respectively, would face St. Elizabeth Drive. The third level, at 85 feet, would face Fruitdale Avenue.

Hamilton said the best location for the tallest building would be on Southwest Expressway and the commissioners agreed. Construction on the second phase of the project is slated for completion in 2008.