San Jose City Council
June 6, 2023

City Council
May 23, 2023
-2- 4867-3587-5430v2
DUNGO\04268013
Full-service tire shop
Auto window tinting and glass replacement
General auto repair and auto electric specialization
Applied silk screening to clothing
General auto repair
Muffler Shop (Open Flame/Welding)
Auto transmission rebuild and installation.

Self-service car wash

While these are uses that are currently permi tted by right in the LI District and consistent with the light industrial design of the building, the rezoning of this Property to Commercial Pedestrian (CP) will result in most of these auto -related service uses becoming legal - nonconforming. While the Notice of Rezoning that was mailed to the owners and the information listed on the city’s Rezoning and General Plan Alignment website state that “a legal nonconforming use may continue to exist indefinitely” , our clients are concerned about how this rezoning will affect future changes in tenancy. Of particular concern is that under the San Jose Municipal Code (SJMC) Section 20.150.070 – Change of use, the requirement is that where a change in tenancy happens in a legal nonconforming use a determination of “l ike nature” by the Director of P lanning may trigger the need for a requirement for special use permit to make this determination. This type of process can significantly impact the owner’s ability to retain potential new replacements tenants, as the special use permit process can be time consuming and onerous.

As described above, these auto-service related buildings were designed as light -industrial buildings, which cannot be easily transformed to commercial pedestrian uses as desired in the CP district without a major tear-down and/or redevelopment of the buildings. Accordingly, our clients understand and assume that the replacement of uses in tenant spaces be allowed with auto-related and services uses consistent with those that have occupied this Property for over 50 years, without the need for a special use permit. The P roperty will likely be redeveloped with a commercial pedestrian project when the time and market are ready for such redevelopment.

Very truly yours,

BERLINER COHEN,
LLP
ANDREW L. FABER

cc: Joseph Ziegler
Ken Hoffman
Chris Burton
Martina Davis
Ami Upadhyay

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June 6 Agenda item 10
Ruth Callahan
Tue 6/6/2023 7:59 AM
To:City Clerk <[email protected]>

This SB 333 rezoning should not be acted on until we have a new Housing Director and the audit by the State Legislature of the housing department is finished. The disgraced housing director has a tarnished record of housing first which has destroyed the culture and civic and social order of this city.  No notice was received by this resident of the rezoning of Kooser meridian urban village. This is not an honest statement and the city has hoodwinked the public again. Deplorable actions by housing and planning and the council.

Ruth Callahan
--
Ruth A Callahan

[External Email]
FW: Consent Agenda Items June 6, 2023 Council Meeting
City Clerk <[email protected]>
Tue 6/6/2023 10:12 AM
To:Agendadesk <[email protected]>

From: Ruth Callahan
Sent: Tuesday, June 06, 2023 9:45 AM
To: Brilliot, Michael <[email protected]>; Foley, Pam <[email protected]>; The Office of Mayor Ma Mahan <[email protected]>; CAO Main <[email protected]>; City Clerk <[email protected]> Subject: Consent Agenda Items June 6, 2023 Council Meeng

Dear Mr. Brilliot: I am wring to express my concerns regarding the way your department lists the mulple areas of land to be rezoned on the consent calendar. There is no way for the public to know what lots, or where the areas of our neighborhoods and local communies are located or designated geographically from the descripon your department uses. The public has no way knowing what this mismass of numbers and leers mean:
“Approval of File Nos. C22-101, C22-104, C22-110, C22-111, C22-115, C22-116, C22-117, C22-118, C22-119, C22-120, C22- 121, C23-001, C23-002, C23-003, C23-004, C23-005 would not result in a decrease of residenal capacity. Among the properes that are the subject of the proposed rezoning, 200 properes would have a reducon of a total of 6,016 residenal unit capacity, 341 properes would have an increase of a total of 25,221 residenal unit capacity, 329 properes would not have any change in residenal capacity. Thus, the proposed rezoning would not result in any decrease in residenal unit capacity but will result in a 19,205-unit residenal capacity increase, which complies with SB330 requirements”.

It is impossible to understand even how to look these up and it was only from the aachedment B that I was able to understand what was being done. Needless to say that is was a long and arduours task of reading and researching. This is unacceptable and contributes to the publics distrust of the city staff and your moves to hoodwink and serve the interests of the developers and corporate donors that make up the business and commercial interests of our community of suburban neighborhoods with a downtown core. It is noted on page 9 of your aached memo that you nofied the public of these changes on April 14, 2023 but nothing was received about the Kooser/meridian urban village at my address of 1383 Dentwood Dr, 95118 informing me that within two blocks of my home the “strip mall” designated an urban village was on the list for rezoning. In your 19 page memo the land zoning descripon of Commercial Pedestrian was not included so I googled the answer to find out exactly define “commercial pedestrian” zoning. I hope this descripon is correct: What is commercial pedestrian zoning San Jose?The CP Commercial Pedestrian District is a district intended to support pedestrian oriented retail acvity at a scale compable with surrounding residenal neighborhoods.

This SB 333 ordinance compliance is not on a crical meline for rezoning and it is premature for the city staff and your department to proceed with this housing element due to the State Legislave office audit of the disgraced Housing Department Director’s misdirecon of all funds to sustain and enable the decline of our social and civil order by keeping the encampments open. The housing first policy has destroyed the communies of this city, the parks, streams, watersheds, commercial venues, neighborhood streets, freeways and throughfares. The overriding mental health deterioraon of the homeless drug addicted populaon that is allowed to fester in the elements has deteriorate the enre psyche of this city.

Last Thursday’s stabbing and car-jacking spree – which started at 1371 Kooser Road, the toxic hot spot where your department is allowing a 7 story residenal public housing project to be developed in a sing violaon of AB 617- is a the manifestaon of the crisis that the lack of metal health care and jurisprudence that laissez-faire “community based soluons” allows.

Respecully submied,

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Ruth A Callahan