TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Planning Commission
SUBJECT: See Below DATE: April 17, 2025
COUNCIL DISTRICT: 6
SUBJECT: GP18-012 & PDC23-009, ER23-056 - City-Initiated General Plan Amendment and Initiated Rezonings for Four Sites Along Coleman Avenue and West Hedding Street
RECOMMENDATION
The Planning Commission voted 9-0 to recommend that the City Council:
(a) Adopt a resolution certifying the Coleman and Hedding Commercial Development GPA and PD Rezoning Project Environmental Impact Report and adopt a Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act (CEQA).
(b) Adopt a resolution approving the General Plan Amendment to amend the Envision San José 2040 General Plan Land Use/Transportation Diagram land use designation from Open Space, Parkland and Habitat and Light Industrial to Combined Industrial Commercial.
(c) Approve an ordinance approving the rezoning of certain real property situated on the northwest corner of the intersection of West Hedding Street and Ruff Drive (APN 230-38-076) from the OS Open Space Zoning District to the OS(PD) Planned Development Zoning District on an approximately 0.36-gross-acre site (Site 1).
(d) Approve an ordinance approving the rezoning of certain real property situated on the northeast corner of the intersection of West Hedding Street and Spring Street (APN 230-38-092) from the OS Open Space Zoning District to the OS(PD) Planned Development Zoning District on an approximately 0.37-gross-acre site (Site 2).
(e) Approve an ordinance approving the rezoning of certain real properties situated between Coleman Avenue, West Hedding Street, Walnut Street and Asbury Street (APN 259-02-131, 259-02-130, 259-08-102, and University Avenue Right- of-Way between Coleman Avenue and Walnut Street) from the no designation, OS Open Space, LI Light Industrial, and R-2 Two-Family Residence Zoning COUNCIL AGENDA: 5/6/25
FILE: 25-473
ITEM: 10.2
HONORABLE MAYOR AND CITY COUNCIL
April 17, 2025
Subject: File No. GP18-012, PDC23-009, ER23-056 - City-Initiated General Plan Amendment and Initiated Rezonings for Four Sites Along Coleman Avenue and West Hedding Street
District to the OS(PD) Planned Development Zoning District on an approximately
10.27-gross-acre site (Site 3).
(f) Approve an ordinance approving the rezoning of certain real properties situated easterly on Coleman Avenue 80 feet south of Asbury Street (APN 259-08-101 (western portion only) and 259-08-072) from the OS Open Space Zoning District to the OS(PD) Planned Development Zoning District an approximately 0.27- gross-acre site (Site 4).
SUMMARY AND OUTCOME
If the City Council adopts the resolution approving the General Plan Amendment, the Envision San José 2040 General Plan Land Use/Transportation Diagram will be amended to reflect the land use designation changes on the subject parcels from Open Space, Parkland and Habitat and Light Industrial to Combined Industrial/Commercial. If the City Council adopts the ordinances approving the Planned Development Rezonings, the zoning districts of the subject parcels will change from no designation, OS Open Space, LI Light Industrial and R-2 Two-Family Residence zoning district to the OS(PD) Planned Development zoning district with a base OS Open Space zoning district. These changes will take effect on the effective date of the rezoning ordinances.
BACKGROUND
On April 9, 2025, the Planning Commission held a public hearing to consider the proposed City-initiated General Plan Amendment and Planned Development Rezoning applications. Commissioner Young made a motion to approve the recommendation.
Commissioner Oliverio seconded the motion. The motion passed 9-0.
ANALYSIS
For a complete analysis, please see the attached Planning Commission staff report.
EVALUATION AND FOLLOW-UP
If the attached resolutions and ordinances are approved by the City Council, the General Plan Amendment and Planned Development Rezonings shall take effect on the effective date of the rezoning ordinances.
HONORABLE MAYOR AND CITY COUNCIL
April 17, 2025
Subject: File No. GP18-012, PDC23-009, ER23-056 - City-Initiated General Plan Amendment and Initiated Rezonings for Four Sites Along Coleman Avenue and West Hedding Street
COORDINATION
This memorandum has been coordinated with the City Attorney’s Office and the Airport Department.
PUBLIC OUTREACH
A notice of the public hearing was distributed to the owners and tenants of all properties located within 1,000 feet of the project site and posted on the City website. The staff report is also posted on the City’s website. Staff has been available to respond to questions from the public.
One correspondence from the public was received after the posting of the staff report for the Planning Commission hearing. The commenter opposed the proposed General Plan Amendment and Planned Development Rezonings because of the loss of trees, loss of right-of way access to the park and loss of Guadalupe Gardens open space. The Environmental Impact Report (EIR) analyzed the project's potential impacts to trees and habitats and future development proposals are required to implement Standard Permit Conditions for tree protection and replacement. Mitigation measures are also required to ensure that nesting owls or birds won't be impacted. The project does not remove any active rights-of-way and other active rights-of way access will remain. While the project does remove some land area from Guadalupe Gardens, the vast majority of Guadalupe Gardens remains.
This memorandum will be posted on the City’s Council Agenda website for the May 6, 2025 City Council meeting.
COMMISSION RECOMMENDATION AND INPUT
On April 9, 2025, the Planning Commission held a public hearing to consider the proposed General Plan Text Amendment.
HONORABLE MAYOR AND CITY COUNCIL
April 17, 2025
Subject: File No. GP18-012, PDC23-009, ER23-056 - City-Initiated General Plan Amendment and Initiated Rezonings for Four Sites Along Coleman Avenue and West Hedding Street
Staff Presentation
The Director of Aviation, Mookie Patel, spoke briefly before the formal staff presentation about the importance of the General Plan Amendment and Planned Development zoning for the conversion of the open space areas to commercial uses to address Federal Aviation Administration’s (FAA) concerns and comply with previous City Council direction to activate Guadalupe Gardens with compatible land uses. Project Manager Laura Maurer, CEQA project manager Nhu Nguyen, and Senior Planner Ryan Sheelen from the Airport Department gave a presentation on the history and background of the sites, the proposed land use and zoning changes and summary of the environmental review of the project.
Public Hearing
One member of the public spoke on the proposed General Plan Amendment and Planned Development Rezoning. He requested that the proposals should be rejected because the area should remain as a park and expressed concern that the Airport could change more of Guadalupe Gardens to non-park uses in the future. Additionally, he mentioned that Comment H in the project’s Environmental Impact Report suggests that the FAA fair market value requirements did not apply to these sites.
Planning Commission Discussion
Commissioner Oliverio asked staff to verify that the City is under obligation to the FAA for the land within Guadalupe Gardens and staff confirmed. He also asked if any revenue modeling had been completed. Staff responded that modeling has not been done far, as the focus of this initial phase was FAA land use compatibility and planning, but a review of revenue potential will be explored during the Request for Proposal (RFP) process for commercial development proposals. Lastly, Commissioner Oliverio inquired about types of potential development on these sites. Staff explained that to-go food establishments and other commercial or industrial uses are found near other airports and that staff would ensure the uses would be low-density.
Commissioner Bickford asked staff if there are plans to activate the rest of Guadalupe Gardens. Staff explained that the Guadalupe Gardens was re-imagined with modern uses such as disc golf and urban agriculture, in order to activate the land, and that a dog park had recent been built on the property. Staff also mentioned that the agreement from the FAA to remove the requirement for the Airport to receive fair-market value from other City departments or non-profit partners would help facilitate the reactivation of the open space by reducing annual fair market value costs to the lessee. Additionally, Commissioner Bickford asked if the Airport or the City incurs a loss when leasing the land for less than fair market value. Staff responded that while the Airport would indeed receive reduced or no revenue for use of the open space land, in exchange,
HONORABLE MAYOR AND CITY COUNCIL
April 17, 2025
Subject: File No. GP18-012, PDC23-009, ER23-056 - City-Initiated General Plan Amendment and Initiated Rezonings for Four Sites Along Coleman Avenue and West Hedding Street
commercial/industrial uses could be developed along Coleman Avenue and Hedding Street to generate fair market value revenue for the Airport.
Vice-chair Cantrell asked staff for their perspective on the Guadalupe River Park Conservancy (GRPC)’s position on this project and if their absence could be interpreted as their consent. Staff responded that they could not speak on behalf of the GRPC, but noted that the Airport, Parks, Recreation, Neighborhood Services, and the GRPC are significantly more aligned than in 2018. Staff also noted that while the Conservancy did provide comments on the Notice of Preparation (NOP) for the project EIR, they did not submit any comments on the EIR during public circulation period which may indicate that the EIR adequately addressed their comments. Staff also mentioned that the City and the Guadalupe River Park Conservancy have had a strong working relationship over recent years.
Vice-chair Cantrell further inquired about the Airport’s goal for the project. Staff explained that the goal is to activate the space to comply with FAA requirements. The Commissioner expressed he felt staff was not being transparent about the goal of the project, which he believed to be ensuring unhoused individuals did not return to the site.
Aviation Director Mookie Patel clarified that one of the key objectives is to ensure that all forms of residential use, including permanent, temporary or encampments, are prohibited on FAA encumbered property.
Commissioner Young asked staff why the FAA is concerned with the development of commercial uses on lands purchased with FAA funds. Staff explained that the FAA’s primary focus is on eliminating obstacles for airport safety but also recognize that the Airport must be financially self-sufficient and relies partially on the fair market value revenue for use of the land. Staff explained that FAA policies have changed over the decades and they are more encouraging of the development of lands with uses compatible to airport operations.
Commissioner Young also inquired whether grant funding would be at risk and whether the ability to implement the re-envisioned uses for Guadalupe Gardens would be compromised if the General Plan Amendment and Planned Development Rezoning were not approved. Aviation Director Mookie Patel responded that if the General Plan Amendment and Planned Development Rezonings were not approved, the lack of activation of the project sites would conflict with conditions attached to the corrective action plan approved by the FAA and could potentially constitute a violation of the grant assurance terms but couldn’t comment on the exact consequences without the discussing with the City Attorney. Staff also clarified that a denial of the proposed project would impact the ability to implement the modern uses for Guadalupe Gardens and could risk continued challenges on the fallow land such as encampments and illegal dumping.
HONORABLE MAYOR AND CITY COUNCIL
April 17, 2025
Subject: File No. GP18-012, PDC23-009, ER23-056 - City-Initiated General Plan Amendment and Initiated Rezonings for Four Sites Along Coleman Avenue and West Hedding Street
Commissioner Young, Commissioner Lardinois, Commissioner Bhandal and Commissioner Oliverio each commented that the area currently presents a poor first impression for incoming visitors arriving from the airport and they supported economic development along the Coleman Avenue corridor, a revitalized Columbus Park, and more active uses. Commissioner Oliverio also commented that he would like to see the revenue from the proposed commercial developments enhance the national competitiveness of the San José Mineta International Airport, noting that the Airport’s costs per enplanement is higher than many other large airports.
Commissioner Young made a motion to approve staff recommendation and Commissioner Oliverio seconded the motion. The motion passed 9-0 to recommend the City Council approve the General Plan Amendment and Planned Development Rezonings.
CEQA
The City of San José, as the lead agency for the proposed project, prepared an Environmental Impact Report (“EIR”) (State Clearinghouse No. 2023080477) for the Coleman and Hedding Commercial Development GPA and PD Rezoning Project in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations §15000 et. seq.) and the regulations and policies of the City San José, California.
The Notice of Preparation (NOP) was circulated from August 21, 2023, to September
19. 2023. The Draft EIR was originally circulated for public review and comment from August 2, 2024, to September 16, 2024. The Draft Environmental Impact Report (DEIR) was recirculated from January 21, 2025, to March 7, 2025, to the general public in order to notify commenters on the NOP that did not receive notice of the first circulation period. The recirculated DEIR did not include any changes to the project description, technical analysis, or mitigation measures.
Summary of Environmental Impacts Reduced to Less than Significant with Mitigation The DEIR identified potential environmental impacts to Biological Resources, Cultural Resources, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Noise, and Transportation. All project impacts would be less than significant or mitigated to less than significant. With implementation of the mitigation measures specified in the Mitigation Monitoring and Reporting Program (MMRP) prepared for the project, these impacts are reduced to less than significant levels. As part of the certification of the Final Environmental Impact Report (FEIR), the City Council will need to approve the associated MMRP for the project.
HONORABLE MAYOR AND CITY COUNCIL
April 17, 2025
Subject: File No. GP18-012, PDC23-009, ER23-056 - City-Initiated General Plan Amendment and Initiated Rezonings for Four Sites Along Coleman Avenue and West Hedding Street
Project Alternatives
The DEIR evaluated four selected project alternatives, the No Project – No Development Alternative, the No Project – Development Consistent with Existing Land Use Designation, the Reduced Scale Alternative, and the Municipal Land Use Alternative, that could lessen the significant effects of the project and achieve the project objectives, in accordance with CEQA Guidelines Section 15126.6.
Beyond the No Project – No Development Alternative, the Development Consistent with Existing Land Use Designation would be the environmentally superior alternative. This alternative would result in the project site being developed with passive recreational uses (e.g., pathways, landscaping, community gardens, etc.) that are allowed under the existing General Plan land use designation and Guadalupe Gardens Master Plan. The environmental impacts associated with such uses would be substantially reduced as compared to the industrial uses of the proposed project. However, while this alternative would be consistent with the project objective to protect approach/departure areas, it would not meet the objectives of complying with FAA policies and grant restrictions pertaining to the revenue generation on Airport lands to support aviation services at SJC.
Summary of Comments Received During the DEIR Circulation Eight comments were received during both DEIR public circulation periods, comprising three from regional and local agencies and five from members of the public, organizations, and businesses. City staff prepared responses in a First Amendment/Response to Comments document addressing the following topics:
Aesthetics
• Request to include an analysis of the shade and shadow impacts from the potential increase in building heights on the project site.
Biological Resources
• Regarding the protection of burrowing owls and their vicinities, preconstruction surveys must be performed prior to the actual ground disturbance or any activity that could disturb burrowing owls or occupied burrows.
• Preconstruction surveys for nesting birds should occur no more than 7 days prior to the initiation of construction activities during the nesting season. • Tree removals should be consistent with General Plan policies and tree preservation measures should be implemented. Native replacement trees should be prioritized.
• Updated measures to protect burrowing owls and nesting birds from the California Department of Fish and Wildlife.
Cultural Resources and Tribal Cultural Resources
• Sensitivity for tribal cultural resources on the project site and recommendations to reduce potential impacts to potential uncovered tribal cultural resources.
HONORABLE MAYOR AND CITY COUNCIL
April 17, 2025
Subject: File No. GP18-012, PDC23-009, ER23-056 - City-Initiated General Plan Amendment and Initiated Rezonings for Four Sites Along Coleman Avenue and West Hedding Street
Hydrology and Water Quality
• The hydrology and Water Quality section’s analysis of impacts to flooding in the special flood hazard area is inadequate.
Utilities and Service Systems
• Identification of Valley Water fee title property and easements and requirements to obtain permits from Valley Water at the time of project development. • Textual changes requested to clarify Valley Water’s name and ordinances.
Transportation
• Request to include a Local Transportation Analysis to analyze the project’s impacts on Congestion Management Program facilities within Santa Clara. • Request to prepare a Travel Demand Management program as part of the requested project-specific Local Transportation Analysis.
DEIR Recirculation Unnecessary
The City responded to all comments received on the Draft EIR and incorporated them into the First Amendment to the DEIR. None of the comments raised represent new significant information that would warrant recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5(a) nor require new mitigation measures. The recirculation of an EIR is required when significant new information is added to the EIR after public notice is given of the availability of the Draft EIR for public review but before certification. “Information” can include changes in the project or environmental setting as well as additional data or other information. New information added to a DEIR is not “significant” unless the DEIR is changed in a way that deprives the public of meaningful opportunity to comment on a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (CEQA Guidelines Section 15088.5).
The First Amendment was posted on the City’s website on March 28, 2025, and all commenters were notified via email of the document’s availability. The First Amendment, taken together with the DEIR, and the MMRP constitutes the FEIR. The DEIR and First Amendment to the DEIR are available for review on the project page on the City’s website at:
https://www.sanjoseca.gov/your-government/departments-offices/planning-building- code-enforcement/planning-division/environmental-planning/environmental- review/active-eirs/gpa-and-pd-rezoning-for-the-coleman-and-hedding-commercial- development-project.
HONORABLE MAYOR AND CITY COUNCIL
April 17, 2025
Subject: File No. GP18-012, PDC23-009, ER23-056 - City-Initiated General Plan Amendment and Initiated Rezonings for Four Sites Along Coleman Avenue and West Hedding Street
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
/s/
CHRIS BURTON
Secretary, Planning Commission
For questions, please contact Ruth Cueto, Principal Planner, Planning, Building and Code Enforcement Department at [email protected] or (408) 535-7886.
ATTACHMENT
Planning Commission Staff Report from April 9, 2025
PLANNING COMMISSION AGENDA: 04-9-25
ITEM: 8.a.
TO: PLANNING COMMISSION FROM: Christopher Burton
SUBJECT: GP18-012, PDC23-009, & ER23-056 DATE: April 9, 2025
COUNCIL DISTRICT: 6
Type of Permits General Plan Amendment, Planned Development Rezoning
Project Planner Laura Maurer
CEQA Clearance Coleman and Hedding Commercial Development GPA and PD Rezoning Project Environmental Impact Report
(EIR) CEQA Planner Nhu Nguyen
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council take all of the following actions:
1. Adopt a resolution certifying the Coleman and Hedding Commercial Development GPA and PD Rezoning Project Environmental Impact Report and adopt a Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act (CEQA), as amended (Exhibit A); and
2. Adopt a resolution approving the General Plan Amendment to amend the Envision San José 2040 General Plan Land Use/Transportation Diagram land use designation from Open Space, Parkland and Habitat and Light Industrial to Combined Industrial Commercial (Exhibit B); and
3. Adopt an ordinance approving the rezoning of certain real property situated on the northwest corner of the intersection of West Hedding Street and Ruff Drive (APN 230-38-076) from the OS Open Space Zoning District to the OS(PD) Planned Development Zoning District on an approximately 0.36-gross- acre site (Site 1) (Exhibit C); and
4. Adopt an ordinance approving the rezoning of certain real property situated on the northeast corner of the intersection of West Hedding Street and Spring Street (APN 230-38-092) from the OS Open Space Zoning District to the OS(PD) Planned Development Zoning District on an approximately 0.37- gross-acre site (Site 2) (Exhibit D); and
5. Adopt an ordinance approving the rezoning of certain real properties situated between Coleman Avenue, West Hedding Street, Walnut Street and Asbury Street (APN 259-02-131, 259-02-130, 259- 08-102, and University Avenue Right-of-Way between Coleman Avenue and Walnut Street) from the no designation, OS Open Space, LI Light Industrial, and R-2 Two-Family Residence Zoning District to the OS(PD) Planned Development Zoning District on an approximately 10.27-gross-acre site (Site 3) (Exhibit E); and
File Nos. GP18-012, PDC23-009, & ER23-056
6. Adopt an ordinance approving the rezoning of certain real properties situated easterly on Coleman Avenue 80 feet south of Asbury Street (APN 259-08-101 (western portion only) and 259-08-072) from the OS Open Space Zoning District to the OS(PD) Planned Development Zoning District an approximately 0.27-gross-acre site (Site 4) (Exhibit F).
PROPERTY INFORMATION
Locations Site 1: Northwest corner of the intersection of West Hedding Street and Ruff Drive
Site 2: Northeast corner of the intersection of West Hedding Street and Spring Street
Site 3: Situated between Coleman Avenue, West Hedding
Street, Walnut Street and Asbury Street
Site 4: Situated easterly on Coleman Avenue 80 feet south of Asbury Street
Assessor Parcel Numbers Site 1: 230-38-076
Site 2: 230-38-092
Site 3: 259-02-131, 259-02-130, 259-08-102, and University Avenue Right-of-Way between Coleman Avenue and Walnut
Street.
Site 4: 259-08-101 (western portion only) and 259-08-072 Existing General Plan Open Space, Parkland and Habitat and Light Industrial Proposed General Plan Combined Industrial/Commercial
Growth Area No
Demolition N/A
Existing Zoning Sites 1, 2 and 4: OS Open Space Zoning District Site 3: No designation, OS Open Space, LI Light Industrial, & R-2 Two-Family Residence Zoning Districts
Proposed Zoning OS(PD) Planned Development Zoning District Historic Resource No
Annexation Date Site 1: Original City and Dec 8, 1925 (College Park/Burbank Sunol)
Sites 2, 3, and 4: Dec 8, 1925 (College Park/Burbank Sunol) Council District 6
Acreage 11.37 gross acres
Proposed Floor Area Ratio (FAR) 0.60
Proposed Density N/A
File Nos. GP18-012, PDC23-009, & ER23-056
PROJECT SETTING AND BACKGROUND
Project Setting
Figure 1 Aerial Map
Figure 1 shows the project area is comprised of four non-contiguous sites located along Coleman Ave and West Hedding Street, within the Guadalupe Gardens. Site 1 is one vacant lot located on the northwest corner of the intersection of West Hedding and Ruff Drive and is surrounded by mini storage to the west, a commercial kitchen to the north, a Santa Clara County office building to the east, and a mix of open space and smaller buildings with commercial uses to the south. Site 2 is one vacant lot located on the northeast corner of the intersection of West Hedding Street and Spring Street and is surrounded by mini storage to the north and east and open space to the south and west. Site 3 is comprised of three vacant lots (except for a corporation yard used by the Parks, Recreation, and Neighborhoods Services Department (PRNS) for vehicle and equipment storage for Guadalupe Gardens on the southern parcel) and one conditionally vacated right-of-way between Coleman Avenue, West Hedding Street, Walnut Street, and Asbury Street, and is surrounded by open space to the north and east, and a mix of industrial and residential uses to the south and west. Site 4 is comprised of two vacant lots located 80 feet south of Asbury Street along Coleman Avenue surround by a community garden to the north, a carwash to the south, and a mix of commercial and industrial uses to the west and north.
Every parcel within each site is owned by the City of San José.
The sites are located within the Urban Growth Boundary, which is the voter approved boundary of urban development in San José, and within the Urban Service Area, which is the boundary of where services and City or other public agency facilities are provided.
File Nos. GP18-012, PDC23-009, & ER23-056
Figure 2 Airport Area Map
Figure 2 shows all four project sites are located in the Airport Approach Zone Overlay and Inner Safety Zone for the San José Mineta International Airport (Airport).
The Airport Approach Zone Overlay is an area south of the San José Mineta International Airport depicting the area where properties were purchased with FAA grant funds. The overlay ensures development in the vicinity of the Airport complies with local, State, and Federal regulations such as height limitations, safety, and noise compatibility.
The Inner Safety Zone is one of several Safety Zones outlined in the Airport Land Use Compatibly Plan for San José Mineta International Airport. Safety Zones were established to minimize the number of people exposed to potential aircraft accidents in the vicinity of the Airport by imposing density and use limitations within these zones. The Inner Safety Zone represents the approach and departure corridors that have the second highest level of exposure to potential aircraft accidents and is centered on the runway centerlines. The Inner Safety Zone prohibits residential use and restricts non-residential use with population density requirements and open space requirements and prohibits the use of hazardous materials. More details on the Inner Safety Zone restrictions can be found in the Airport Land Use Compatibility Plan for San José Mineta International Airport.
The project sites are also located withing the City-Approved Modified Airport Influence Area (Exhibit G).
The City-Approved Modified Airport Influence Area sets the boundaries for application of policies of the Airport Land Use Compatibility Plan (ALUCP) for the San José Mineta International Airport.
File Nos. GP18-012, PDC23-009, & ER23-056
SURROUNDING USES
General Plan Zoning District Existing Use
Site 1
North Light Industrial LI Light Industrial Commercial Kitchen South Open Space, Parkland and
Habitat & Light Industrial
OS Open Space &
LI Light Industrial
Commercial and
Open Space
East Light Industrial LI Light Industrial Government Office Building West Light Industrial LI Light Industrial Mini Storage
Site 2
North Light Industrial LI Light Industrial Mini Storage South Open Space, Parkland and
Habitat OS Open Space Open Space
East Light Industrial LI Light Industrial Mini Storage
West Open Space, Parkland and
Habitat OS Open Space Open Space
Site 3
North Open Space, Parkland and
Habitat OS Open Space Open Space
South Open Space, Parkland and
Habitat & Light Industrial
OS Open Space &
LI Light Industrial
Industrial and
Residential Uses
East Open Space, Parkland and
Habitat OS Open Space Open Space
West Light Industrial OS Open Space &
LI Light Industrial
Industrial and
Open Space Uses
Site 4
North Light Industrial LI Light Industrial Commercial/Industrial Uses South Light Industrial LI Light Industrial Carwash
East Open Space, Parkland and
Habitat & Light Industrial
OS Open Space &
LI Light Industrial Community Garden
West Light Industrial LI Light Industrial Industrial Uses File Nos. GP18-012, PDC23-009, & ER23-056
Project Background
In September 2018, staff from the San José Mineta International Airport submitted a request for a General Plan Amendment to amend the Envision San José 2040 General Plan Land Use/Transportation Diagram land use designation from Open Space, Parkland and Habitat and Light Industrial to Neighborhood/Community Commercial for Site 3 and Site 4, and to Combined Industrial Commercial for Site 1 and 2, as well as a portion of an additional site along Ruff Drive (APN 230-38-104).
In March 2023, Airport staff revised the General Plan Amendment proposal to remove the site along Ruff Street and amended the proposed Envision San José 2040 General Plan Land Use Diagram land use designation of all of the remaining four sites to Combined/Industrial Commercial.
In May 2023, Airport staff submitted a request for a Planned Development Rezoning to rezone all four sites to the OS(PD) Open Space Planned Development zoning district.
On October 1, 2024, City Council approved a street vacation for several streets within the Guadalupe Gardens. This includes the vacation of the northern portion of Emory Street between Coleman Avenue and Walnut Street (RES2024-344), which is part of Site 3. City Council also approved a conditional vacation for University Avenue between Coleman Avenue and Walnut Street (RES2024-345), which is also part of Site 3. The Emory Street vacated right-of way area was split, with each half becoming part of the adjacent parcel. The University Avenue right-of way will remain as a right-of way until the underground utilities are abandoned or relocated.
Project History
The Guadalupe Gardens is a 120-acre property located immediately south of the San José Mineta Airport (Airport) and is owned by the City of San José. The majority of the property was acquired between 1978 and 1990 as part of an extensive Airport Approach Land Use Acquisition Program in which the City of San José purchased over 625 parcels and 800 dwellings in the former Coleman Loop Neighborhood, as shown in Figure 3 below. The program was funded with $80 million in grants from the Federal Aviation Administration (FAA) and the property is federally obligated in perpetuity under joint City/Airport ownership.
In 1986, a General Plan Amendment (File No. GP86-004) was approved which changed the land use designation of the property from Airport Approach Zone to Public Park/Open Space with an Airport Approach Zone Overlay. The Public Park/Open Space land use designation name was later changed to the current Open Space, Parkland and Habitat name.
File Nos. GP18-012, PDC23-009, & ER23-056
Figure 3 City/Airport owned land purchased with FAA grant funding.
The project sites are designated as Airport Approach Zone Overlay in the Envision 2040 General Plan, where the impacts of airport height, noise and potential safety hazards to persons and property on the ground are primary considerations. The project sites are also identified in the Guadalupe Gardens Master Plan (GGMP), adopted on April 23, 2002, which envisions low density, open space, and recreational uses that are compatible with the underlying purpose of the property, defined by the FAA as noise buffer.
Open space improvements north of Taylor Street, as identified within the GGMP, have been delayed for years due to FAA requirements for the Airport to receive fair market value from lessees1 at the Guadalupe Gardens and a lack of funding for those envisioned uses. As a result, these areas remained unused and were the site of large-scale unhoused encampments during the COVID-19 pandemic in 2020.
On February 1, 2021, the FAA issued a Corrective Action Letter stating that the City was not in compliance with FAA Grant Assurances or the City’s approved Noise Compatibility Plan. The FAA requested that the City respond with a Corrective Action Plan, identifying a timeline for returning the land to approved uses in compliance with FAA regulations. On March 11, 2021, the City submitted a Corrective Action Plan that proposed vacating the encampments over a year-long timeframe in a phased approach in collaboration with other City departments.
During implementation of the Corrective Action Plan, the City partnered with housing organizations to identify housing options and assisted individuals living at the encampment with relocation to permanent housing. In addition, further discussions with the FAA to prevent future encampments resulted in a two- part balanced approach to “activate” the 40 acres between Taylor Street and Hedding Street, identified in blue in Figure 3. The first part envisions new passive open-space recreational uses (prototype dog park, prototype disc golf course, and urban agriculture concepts) on the majority of the 40-acres. The
1 FAA grant assurances require the airport sponsor to receive not less than fair market value for the use, lease, encumbrance, transfer, or disposal of land, any facilities on such land, or any portion of such land or facilities.
File Nos. GP18-012, PDC23-009, & ER23-056
second part includes developing portions of the property along Coleman Avenue and Hedding Street for Airport commercial revenue generating purposes.
To ensure the success of this plan, the Airport submitted a request to the FAA’s Western Pacific Regional Director to waive the fair market value requirement for use of the recreational land and to use it for community benefit purposes. Community benefit is defined by the FAA as less than market value or no- cost use of land.
On September 12, 2023, the FAA responded and approved the community benefit request with the following conditions for the City:
1. Commercially develop properties along Coleman Avenue and Hedding Street for revenue generating purposes.
2. Maintain the property as noise sensitive land.
3. Activate the land to prevent future incompatible land uses.
4. Establish a parking time limit on Asbury Street to maintain land use compatibility.
5. Continue to comply with FAA grant-in-aid assurances, policies, and orders.
To comply with the FAA’s condition to develop commercial property for revenue generating purposes, Airport staff proposed the following actions: a General Plan Amendment and Rezoning of four sites along Coleman Avenue and Hedding Street to allow for commercial development, removal of those four sites from the Guadalupe Gardens Master Plan, and an Environmental Impact Report analyzing the potential impacts of the proposed commercial uses on the project site. In a May 12, 2023, letter to the Airport, the FAA determined that the project would have no material impact on aircraft operations, at, to, or from the airport; would not affect the safety of people and property on the ground; and would not have an adverse effect on the value of prior Federal investments to a significant extent.
An Amendment to the Guadalupe Gardens Master Plan is being separately coordinated by the Airport and Parks, Recreation, and Neighborhood Services departments to remove the project sites from the plan.
ANALYSIS
The proposed General Plan Amendment and Planned Development Rezoning were analyzed with respect to conformance with:
1. Envision San José 2040 General Plan
2. San José Municipal Code
3. Other Agency Coordination
4. Senate Bill 330
5. California Environmental Quality Act (CEQA)
File Nos. GP18-012, PDC23-009, & ER23-056
Envision San José 2040 General Plan Land Use Conformance Existing General Plan Land Use Designation
Figure 4 Existing General Plan Land Use Designation Map Figure 4 shows the existing Envision San José 2040 General Plan land use designation of Open Space, Parkland and Habitat for site 1, 2, most of 3, and 4.
This designation has no specified minimum or maximum residential density (dwelling units per acre or du/ac) or floor area ratio (FAR). Lands in this designation can be publicly- or privately-owned areas that are intended for low intensity uses. These lands are typically devoted to open space, parks, recreation areas, trails, habitat buffers, nature preserves and other permanent open space areas. This designation is applied within the Urban Growth Boundary to lands that are owned by non-profits or public agencies that intend their permanent use as open space, including lands adjacent to various creeks throughout the City.
New development on lands within this designation should be limited to minimize potential environmental and visual impacts. Development of public facilities such as restrooms, playgrounds, educational/visitors’ centers, or parking areas can be an inherent part of City or County park properties and are appropriate for Open Space, Parklands and Habitat properties both within and outside of the Greenline / Urban Growth Boundary. Within the Greenline / Urban Growth Boundary, community centers, public golf courses, and other amenities open to the public would also be allowed within publicly-owned properties in this designation.
The remaining portion of site 3 shows the existing Envision San José 2040 General Plan land use designation of Light Industrial.
This designation has no residential density (dwelling units per acre or du/ac) and a maximum 1.5 floor area ratio (FAR). Land in this designation is intended for a wide variety of industrial uses and excludes uses with unmitigated hazardous or nuisance effects. Warehousing, wholesaling, and light manufacturing are examples of typical uses in this designation. Light Industrial designated properties may also contain service establishments that serve only employees of businesses located in the immediate industrial area.
File Nos. GP18-012, PDC23-009, & ER23-056
Proposed General Plan Land Use Designation
Figure 5 Proposed General Plan Land Use Designations Map Figure 5 shows the proposed Envision San José 2040 General Plan land use designation of Combined Industrial/Commercial for all four sites.
This designation has an FAR of up to 12.0. Land use in this designation allows a significant amount of flexibility for the development of a varied mixture of compatible commercial and industrial uses, including hospitals and private community gathering facilities. Properties with this designation are intended for commercial, office, or industrial developments or a compatible mix of these uses. This designation occurs in areas where the existing development pattern exhibits a mix of commercial and industrial land uses or in areas on the boundary between commercial and industrial uses. Development intensity can vary significantly in this designation based on the nature of specific uses likely to occur in a particular area. In order to maintain an industrial character, small, suburban strip centers are discouraged in this designation, although larger big-box type developments may be allowed because they mix elements of retail commercial and warehouse forms and uses. While this designation potentially accommodates a wide variety of uses and building forms, more specific guidance should be provided through the application of the Zoning Ordinance in order to establish use and form standards that will promote the development of a cohesive employment area across multiple adjoining properties that share this designation.
Proposed General Plan Land Use Designation General Plan Conformance The proposed General Plan land use designation of Combined Industrial/Commercial is consistent with the following Envision San José 2040 General Plan policies:
File Nos. GP18-012, PDC23-009, & ER23-056
Promote Fiscally Beneficial Land Use FS-4.1: Preserve and enhance employment land acreage and building floor area capacity for various employment activities because they provide revenue, near-term jobs, contribute to our City’s long-term achievement of economic development and job growth goals, and provide opportunities for the development of retail to serve individual neighborhoods, larger community areas, and the Bay Area.
Business Growth and Retention Policy IE-2.7: Encourage business and property development that will provide jobs and generate revenue to support city services and infrastructure.
Land Use and Employment Policy IE-1.4 Manage land uses to enhance employment lands to improve the balance between jobs and workers residing in San José. To attain fiscal sustainability for the City, strive to achieve a minimum ratio of 1.1 jobs/employed resident by 2040. In the near term, strive to achieve a minimum ratio of 1 job per employed resident by 2025.
Fiscally Sustainable Land Use Framework FS-3.3: Promote land use policy and implementation actions that increase the ratio of Jobs to Employed Residents to improve our City’s fiscal condition, consistent with economic development and land use goals and policies. Maintain or enhance the City’s net total employment capacity collectively through amendments made to this General Plan in each Annual Review process.
Cultivate Fiscal Resources FS-2.1: Focus on economic development to sustain the fiscal health of our City, promoting land use development as a tool to support job growth, revenue generation, attractive place- making and the delivery of high quality government services to the community.
Fiscally Sustainable Land Use Framework FS-3.4: Promote land use policy and implementation actions that improve our City’s fiscal sustainability. Maintain or enhance the City’s projected total net revenue through amendments made to this General Plan in each Review process. Discourage proposed rezonings or other discretionary land use actions that could significantly diminish revenue to the City or significantly increase its service costs to the City without offsetting increases in revenue.
Analysis: The Envision San José 2040 General Plan has a strong focus on maintaining and expanding commercial land uses as this land provides jobs, increases the jobs-to-employed-resident ratio and improves the City’s fiscal sustainability through net positive revenue generation. The proposed Combined Industrial/Commercial land use designation would convert previously non-employment-designated land to employment land. Therefore, the proposed General Plan Amendment is consistent with the above General Plan policies.
Proposed Planned Development Zoning District General Plan Conformance The proposed Planned Development Zoning of OS(PD) is consistent with the following Envision San José 2040 General Plan policies:
Implementation Policy IP-8.5: Use the Planned Development zoning process to tailor such regulations as allowed uses, site intensities and development standards to a particular site for which, because of unique circumstances, a Planned Development zoning process will better conform to Envision General Plan goals and policies than may be practical through implementation of a conventional Zoning District.
These development standards and other site design issues implement the design standards set forth in the Envision General Plan and design guidelines adopted by the City Council. The second phase of this process, the Planned Development permit, is a combined site/architectural permit and conditional use permit which implements the approved Planned Development zoning on the property.
File Nos. GP18-012, PDC23-009, & ER23-056
Analysis: The subject site is located within the Inner Safety Zone of the San José Mineta International Airport. The Airport Land Use Compatibility Plan (ALUCP) for the San José Mineta International Airport governs the allowed uses and development standards for properties in the Inner Safety Zone. The General Development Standards (Exhibit H) for the proposed Planned Development zoning include specific restrictions and limitations of uses and development standards to facilitate development on these sites in accordance with Inner Safety Zone standards that could not be achieved with a standard zoning district.
This includes restrictions on uses, heights, and number of stories, as well as standards for population density and open space. Other standards address unique circumstances of the site, including adding the Coleman Avenue Reservation Area to allow for a potential future widening of Coleman Avenue, and a reduced setback along Walnut Street since the right-of way is currently not utilized as a street.
Safe Airport Policy TR-14.1: Foster compatible land uses within the identified City-approved modified Airport Influence Area overlay for San José Mineta International Airport and the ALUC-approved Airport Influence Area overlay for Reid-Hillview Airport.
Safe Airport Policy TR-14.2: Regulate development in the vicinity of airports in accordance with Federal Aviation Administration regulations to maintain the airspace required for the safe operation of these facilities and avoid potential hazards to navigation.
Safe Airport Policy TR-14.3: For development in the City-approved modified Airport Influence Area overlay for San José Mineta International Airport and the ALUC-approved Airport Influence Area overlay for Reid-Hillview Airport , ensure that land uses and development are consistent with the height, safety and noise policies identified in the respective Santa Clara County Airport Land Use Commission (ALUC) airport land use compatibility plans (ALUCP) for San José Mineta International Airport and Reid-Hillview Airport, or find, by a two-thirds vote of the governing body, that the proposed action is consistent with the purposes of Article 3.5 of Chapter 4 of the State Aeronautics Act, Public Utilities Code Section 21670 et seq.
Community Health, Safety, and Wellness CD-5.8: Comply with applicable Federal Aviation Administration regulations identifying maximum heights for obstructions to promote air safety.
Analysis: The project sites are located within the Inner Safety Zone of the San José Mineta International Airport and the uses and development standards are governed by the ALUCP. The modifications to the standard CIC Combined Industrial/Commercial zoning district uses and development standards in this Planned Development Zoning address the safety of the people, businesses, and aircraft near the San José Mineta International Airport by codifying the compatible uses and development standards of the Inner Safety Zone.
File Nos. GP18-012, PDC23-009, & ER23-056
Municipal Code Conformance
Existing Zoning Districts
Figure 6 Existing Zoning District Map
Figure 6 shows the existing OS Open Space zoning district for Site 1, 2, most of 3, and 4. The purpose of the OS Open Space zoning district is to provide for the public peace, health, safety, and welfare by conserving open space to ensure the continued availability of land for the preservation of natural resources, for the managed production of resources, for outdoor recreation, and for the enjoyment of scenic resources. The remainder of Site 3 has the LI Light Industrial, R-2 Two-Family Residence, or no designation zoning districts. The LI Light Industrial zoning district is intended for a wide variety of industrial uses and excludes uses with unmitigated hazardous or nuisance effects. The R-2 Two-Family Residence zoning district supports single-family and two-family uses. The portions with no designation are the vacated or conditionally vacated public rights-of-way.
File Nos. GP18-012, PDC23-009, & ER23-056
Proposed Zoning District
Figure 75 Proposed Zoning District Map
Figure 7 shows the proposed OS(PD) Planned Development zoning district on all four sites. The base district, if the Planned Development zoning is not effectuated, would be the OS Open Space zoning district. This base district is proposed because if the sites are not developed utilizing the Planned Development zoning district uses and standards, the preferred uses for this land would be open space.
The CIC Combined Industrial/Commercial zoning district for these sites is not appropriate as the base district because it would allow for the full range of uses and development standards that do not conform to the allowed uses and development standards of the Inner Safety Zone.
General Development Standards
The proposed OS(PD) Planned Development Zoning District General Development Standards (Exhibit H) utilizes the CIC Combined Industrial/Commercial zoning district standards with restrictions to align with the uses and standards of the Inner Safety Zone and to address unique circumstances of the sites.
Uses
The uses allowed for Site 1 are limited to only those without a permanent structure because the site is directly under the extended centerline of one of the airports runways and the Airport Land Use Compatibility Plan prohibits any structures within 100 feet of the extended runway centerline. The uses allowed for Site 2, 3 and 4 align with the CIC Combined Industrial/Commercial zoning district with a restriction of uses to align with the compatible uses allowed within the Inner Safety Zone. In addition, mini storage, which is an allowed use within the LI Light Industrial zoning district, is also allowed on these three sites.
Setbacks
All setbacks conform to the CIC Combined Industrial/Commercial setbacks except for the setback from Walnut Street. Although Walnut Street is an official right-of-way, it has not been utilized as a street for some time. Therefore, this street is treated like an internal property line and has a setback of zero feet.
Walnut Street is currently being considered as a potential right-of-way to utilize for the Airport
File Nos. GP18-012, PDC23-009, & ER23-056
Connector project. If the Walnut Street right-of-way is not utilized for the Airport Connector project, the street will be vacated. Other previous rights-of-way within Guadalupe Gardens have been vacated.
Height
The maximum height allowed for each site are determined by the FAA airspace requirements for San José Mineta International Airport. These height restrictions vary by site and within each site because the heights are determined by the vertical space requirements needed for the safe takeoff and landing of aircraft.
Number of Stories and FAR
The allowed number of stories for any structure is limited to one story to align with the Inner Safety Zone policy prohibiting multi-story buildings. The proposed maximum floor area ratio (FAR) on all sites where buildings are permitted is 0.60, reduced from the allowed maximum 12 FAR in the CIC Combined Industrial/Commercial zoning district to align with the standards of the Inner Safety Zone.
Other Development Standards
In addition, this Planned Development zoning includes standards to meet minimum open space requirements and maximum population density, consistent with the project’s proposed location in the Inner Safety Zone for the Airport Land Use Compatibility Plan (ALUCP) for San José Mineta International Airport.
The development standards also include a 50-feet wide area along Coleman Ave, fronting sites 3 and 4.
This area is identified as the “Coleman Reservation Area” and is reserved for the potential future widening of Coleman Ave. No permanent structures are allowed in this Reservation Area unless the Coleman Avenue Widening project is cancelled.
Other Agency Coordination
The project sites fall within the City-approved modified Airport Influence Area (AIA) for the San José Mineta International Airport (SJC). Projects within the AIA are referred to the Santa Clara County Airport Land Use Commission (ALUC) for a Determination of Consistency with the Airport Land Use Compatibility Plan (ALUCP) for San José Mineta International Airport.
On September 19, 2024, the proposed General Plan Amendment and proposed Conforming Rezoning were heard by the ALUC. The General Plan Amendment (File No. GP18-012) and Conforming Rezoning (File No. PDC23-009) were found to be consistent with the ALUCP for San José Mineta International Airport (Exhibit J).
Senate Bill 330 (SB 330) Compliance
The Housing Crisis Act of 2019 (SB 330), California Government Code Section 66300(i)(1), limits the way local governments may reduce the capacity for residential units that can be built on properties that allow housing, including actions such as down-zoning, changing general or specific plan land use designations to a less intensive use, reductions in height, density or floor area ratio, or other kinds of actions that could reduce the residential capacity of a site. An exception to this is that the intensity of residential uses on a property may be reduced if changes in land use designations or zoning elsewhere ensure “no net loss” in residential capacity within the jurisdiction.
There are two parts to the SB 330 calculation: General Plan residential capacity and Zoning District residential capacity. An increase in residential capacity at the General Plan level may be used to offset a General Plan Amendment that decreases residential capacity if they are concurrently approved. Any increase in residential capacity in the Zoning District may be used to offset a rezoning that decreases File Nos. GP18-012, PDC23-009, & ER23-056
residential capacity if they are concurrently approved. Also, zoning residential calculations are based on theoretical and average residential densities in the City for zoning districts where no residential density limit is specified, while General Plan residential calculations are based on allowable densities in the General Plan.
Approval of the proposed General Plan Amendment would change the General Plan land use designation of the subject site from Open Space, Parkland and Habitat (0 DU/AC, or 0 units for the subject site) to Combined Industrial Commercial (0 DU/AC or 0 units for the subject site) and result in no change in residential capacity in the City. Therefore, the proposed General Plan Amendment to change the Envision San José 2040 land use designation from Open Space, Parkland and Habitat to Combined Industrial/Commercial is compliant with SB 330 as there is no net loss of residential density.
Approval of the proposed Conforming Rezoning would change the Zoning District from OS Open Space, LI Light Industrial, and R-2 Two-Family Residence (OS & LI: 0 DU/AC, or 0 units for the subject site, R-2: 8 DU/AC, or 27 units for the site) to OS(PD) Planned Development (0 DU/AC, or 0 units for the subject site) and result in a decrease of residential capacity by 27 units. The decrease in residential units can be offset by the increase of residential capacity of 140 units resulting from the privately-initiated Conforming Rezoning (File No. C21-034). If this privately-initiated Conforming Rezoning is approved at the same hearing as the proposed Conforming Rezoning (File No. PDC23-0009), the Conforming Rezoning would be compliant with SB 330 as there is no net loss of residential capacity.
California Environmental Quality Act (CEQA)
The City of San José, as the lead agency for the proposed project, prepared a Draft Environmental Impact Report (DEIR). The Notice of Preparation (NOP) was circulated from August 21, 2023, to September 19. 2023. The DEIR was originally circulated for public review and comment from August 2, 2024, to September 16, 2024. The DEIR was recirculated from January 21, 2025, to March 7, 2025, to the general public in order to notify commenters on the NOP that did not receive notice of the first circulation period. The recirculated DEIR did not include any changes to the project description, technical analysis, or mitigation measures. A First Amendment to the DEIR was prepared that provided responses to public comments submitted during the public circulation period and revisions to the text of the DEIR. The First Amendment together with the DEIR constitute the Final Environmental Impact Report (FEIR) for the proposed project.
City File No.
Area
(Acre)
Current
General Plan
Designation
Proposed
General Plan
Designation
Gain or Loss:
General Plan
Amendment
Current Zoning
Designation
Proposed
Zoning
Designation
Gain or
Loss:
Rezoning
GP18-012/
PDC23-009 11.37
Open Space,
Parkland and
Habitat, Light
Industrial
Combined
Industrial
Commercial
0 units
No designation,
OS, LI,
and R-2
OS(PD) -27 units
GP23-001/
C21-034
8.99 Mixed Use
Commercial Urban Village +112 Units No Designation UV Urban Village +140 Units
Net +112 Units Net +113 units
File Nos. GP18-012, PDC23-009, & ER23-056
The EIR identified potential environmental impacts to Biological Resources, Cultural Resources, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Noise, and Transportation. These impacts would be reduced to less than significant levels with the implementation of the identified mitigation measures. The DEIR determined there would be no significant and unavoidable impacts due to the implementation of the project.
Alternatives
The DEIR evaluated four selected project alternatives, the No Project – No Development Alternative, the No Project – Development Consistent with Existing Land Use Designation, the Reduced Scale Alternative, and the Municipal Land Use Alternative, that could lessen the significant effects of the project and achieve the project objectives, in accordance with CEQA Guidelines Section 15126.6.
The No Project- No Development Alternative would avoid all project impacts; however, CEQA Section 15126.6(e)(2) requires that when the no-project alternative is the environmentally superior alternative, another alternative shall be identified. Beyond the No Project-No Development Alternative, the No Project – Development Consistent with Existing Land Use Designation would be the environmentally superior alternative. This alternative would result in the project site being developed with passive recreational uses (e.g. pathways, landscaping, community gardens, and etc.) that are allowed under the existing General Plan land use designation and Guadalupe Gardens Master Plan. The environmental impacts associated with such uses would be substantially reduced as compared to the industrial uses of the proposed project. However, while this alternative would be consistent with the project objective to protect approach/departure areas, it would not meet the objectives of complying with FAA policies and grant restrictions pertaining to the revenue generation on Airport lands to support aviation services at SJC.
DEIR Circulation Comments
Eight comments were received during both DEIR public circulation periods, comprising three from regional and local agencies and five from members of the public, organizations, and businesses. City staff prepared responses in a First Amendment/Response to Comments document addressing the following topics:
Aesthetics
• Request to include an analysis of the shade and shadow impacts from the potential increase in building heights on the project site.
Biological Resources
• Regarding the protection of burrowing owls and their vicinities, preconstruction surveys must be performed prior to the actual ground disturbance or any activity that could disturb burrowing owls or occupied burrows.
• Preconstruction surveys for nesting birds should occur no more than 7 days prior to the initiation of construction activities during the nesting season.
• Tree removals should be consistent with General Plan policies and tree preservation measures should be implemented. Native replacement trees should be prioritized.
File Nos. GP18-012, PDC23-009, & ER23-056
• Updated measures to protect burrowing owls and nesting birds from the California Department of Fish and Wildlife.
Cultural Resources and Tribal Cultural Resources
• Sensitivity for tribal cultural resources on the project site and recommendations to reduce potential impacts to potential uncovered tribal cultural resources.
Hydrology and Water Quality
• The hydrology and Water Quality section’s analysis of impacts to flooding in the special flood hazard area is inadequate.
Utilities and Service Systems
• Identification of Valley Water fee title property and easements and requirements to obtain permits from Valley Water at the time of project development.
• Textual changes requested to clarify Valley Water’s name and ordinances.
Transportation
• Request to include a Local Transportation Analysis (LTA) to analyze the project’s impacts on Congestion Management Program (CMP) facilities within Santa Clara. • Request to prepare a Travel Demand Management program as part of the requested project-specific LTA.
DEIR Circulation Unnecessary
Staff responded to the comments and questions in the First Amendment. None of the comments raised represent new significant information that would warrant recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5(a). The recirculation of an EIR is required when significant new information is added to the EIR after public notice is given of the availability of the Draft EIR for public review but before certification. “Information” can include changes in the project or environmental setting as well as additional data or other information. New information added to a Draft EIR is not “significant” unless the Draft EIR is changed in a way that deprives the public of meaningful opportunity to comment on a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (CEQA Guidelines Section 15088.5).
The First Amendment was posted on the City’s website on March 28, 2025, and all commenters were notified via email of the document’s availability. The Draft Environmental Impact Report (DEIR) and First Amendment are available for public review on the City’s website:
https://www.sanjoseca.gov/your-government/departments-offices/planning-building-code- enforcement/planning-division/environmental-planning/environmental-review/active-eirs/gpa-and-pd- rezoning-for-the-coleman-and-hedding-commercial-development-project.
PUBLIC OUTREACH
Under City Council Policy 6-30, the project is considered a large development proposal. The applicant posted the on-site signs on each site to inform the public of the proposed project.
File Nos. GP18-012, PDC23-009, & ER23-056
On September 7, 2023, a joint EIR scoping and community meeting was held virtually via Zoom to present the project details to the community and inform them about the EIR process. Twenty members of the public were in attendance in addition to City Staff from the Planning Division and Airport Department.
Several members of the public asked clarifying questions about FAA requirements, how the project affects the Coleman Avenue Widening project and Airport Connector project, as well as other project details such as proposed uses and open space requirements. Staff clarified that the FAA encumbrance obligated the City to follow what the FAA dictates for the land, that the Planned Development rezoning includes a 50 foot reservation area to allow for the potential future widening of Coleman Avenue, and that the Airport Connector project is adjacent to but not a part of the development standards for the project. Staff also responded that the open space requirements include parking as open space, and the proposed uses are for private development and intended to activate the adjacent Guadalupe Gardens providing a wide range of compatible land uses.
One member of the public stated they believed the current land use designation and zoning better suited the sites because the open space aspect would mitigate the climate effects of the airport.
A notice of the public hearing was distributed to the owners and tenants of all properties located within 1,000 feet of the project site and posted on the City website. The staff report is also posted on the City's website. Staff has also been available to respond to questions from the public.
Project Manager: Laura Maurer
Approved by: /s/ Ruth Cueto, Principal Planner for Christopher Burton, Director of Planning, Building & Code Enforcement
ATTACHMENTS:
Exhibit A: CEQA Draft Resolution and MMRP
Exhibit B: General Plan Amendment Draft Resolution
Exhibit C: Rezoning Draft Ordinance (Site 1)
Exhibit D: Rezoning Draft Ordinance (Site 2)
Exhibit E: Rezoning Draft Ordinance (Site 3)
Exhibit F: Rezoning Draft Ordinance (Site 4)
Exhibit G: Airport Influence Area Map
Exhibit H: General Development Standards Draft
Exhibit I: Planned Development Zoning Plan Set Draft
Exhibit J: ALUC Consistency Determination
GP18-012, PDC23-009 & ER23-056
Click on the title to view document.
Correspondence received AFTER 4/2/2025