My Record on Development

When I joined the City Council I was shocked at how many developments were simply rubber stamped by the Planning Commission and then by the City Council. Developers could submit what plans they wanted, and Council complied with their wishes to pack in more and more market rate units. I was the first Councilmember to challenge this.

In my first term on the Council (2013-2014), there were there were 12 controversial votes on real estate developments and land use. In every case, my main opponent in this race, Raj Salwan, voted yes and I voted no (see items 1-12 below). I was the lone ‘no’ vote on ALL of these.

In November of 2014, Lily Mei was elected to the City Council and Raj Salwan lost his Council seat. During the next two years (2015-2016) there were 14 controversial votes on real estate. I voted every time against the interests of developers (see items 13-26 below).

Salwan was elected to Council in 2016. From then until 2020, there were 11 controversial votes on real estate developments and land use. In every single one of those votes, Salwan voted in favor of developers. In ten of those votes, I voted against the interests of developers. Salwan and I only agreed on one project – a 4 home development on Decoto (see items 27-37 below).

The following is a list of the non-unanimous real estate development and land use votes that occurred during my time on City Council:

1. 2/5/13 – 42800 Caldas Court – 33 home development right next to the Sabercat Trail. Many residents spoke out against the proposed development. I was the lone ‘no’ vote in a 4-1 vote. (Salwan voted yes.)

2. 6/18/13 – 17 unit development by Lennar Homes requiring a General Plan Amendment (GPA). Many residents spoke out against the proposed development. I was the lone ‘no’ vote in a 4-1 vote. (Salwan voted yes.)

3. There was a second vote on the Lennar development to delay the General Plan Amendment so that it could be grouped with other GPAs. This is because by law a city can only amend its General Plan four times a year. By bundling amendments together, the Council is able to accommodate more changes requested by developers. I was also the lone ‘no’ vote in a 4-1 vote. (Salwan voted yes.)

4. 7/16/13 – 3065/3111 Washington Blvd. Another General Plan Amendment increasing the density of the site from low to low-medium density to accommodate the developer. A couple of speakers spoke in opposition. I was the lone ‘no’ vote in a 4-1 vote. (Salwan voted yes.)

5. There was a second vote on Washington Blvd. project to approve the development with the increased density. Again, I was the lone ‘no’ vote. (Salwan voted yes.) Both of these votes were actually on the consent calendar until I pulled them. Developers’ requests were often just moved along without any discussion prior to my being on the City Council.

6. 2/4/14 – Improvement agreements for previously approved development at 42800 Caldas Ct. I was the lone ‘no’ vote in a 4-1 vote. (Salwan voted yes.)

7. 5/13/14 – The developer requested a reduction in density requirements in the Downtown area. Instead, they wanted densities that would allow for, of course, townhomes. I did not agree that we should accommodate the developer’s request. I was the lone ‘no’ vote in a 4-1 vote. (Salwan voted yes.)

8. 7/8/14 – Yet another General Plan Amendment. This time to rezone a 2 acre parcel on Stevenson from open space to residential. I was the lone ‘no’ vote in a 4-1 vote. (Salwan voted yes.)

9. 7/22/14 – Approval of four General Plan Amendments at once. Again, this is done as a single GPA so that the City can accommodate more developers’ requests for General Plan changes in a single year. I was the lone ‘no’ vote in a 4-1 vote. (Salwan voted yes.)

10.9/9/14 – Rezoning of 39311 Mission from multi-family residential to a ‘Planned District’ (PD). Like General Plan Amendments, this is another way to let the developers get what they want. In this instance, a lot zoned for multifamily residential, which would have provided rental units, was changed to a PD. Planned Districts basically say the zoning and other requirements (i.e. setbacks, road widths) can be whatever the developer wants. They ended up with 30 tightly packed townhomes on the site. Again, I was the lone ‘no’ vote on this. (Salwan voted yes.)

11. 9/16/14 – The developers of 42800 Caldas Court that was approved in 2013 came back to Council requesting modifications to their Planned District. They needed to reduce the setbacks so that they could pack in more homes. I was the lone ‘no’ vote on this. (Salwan voted yes.)

12. 11/18/14 – Initial discussion of the residential development at the Connoly’s Furniture site on Fremont Blvd. The property owners requested a General Plan Amendment from commercial to residential. This allowed for the removal of the 3.7 acre commercial area and the development of 92 townhomes. I was the lone ‘no’ vote on this. (Salwan voted yes.)

Salwan loses 2014 election.

13. 12/16/14 – A rezoning at 34653 Fremont Blvd. from Garden Apartment Residential to a Planned District (Beachwood Townhomes). Again, this allowed the developer to develop townhomes instead of rental units. I was the sole ‘no’ vote.

14. 3/3/15 – Request for a General Plan Amendment at the Henkel property in Niles from industrial to residential to allow for 92 units. This passed with a 3-2 vote with Lily Mei and myself voting no. (This ruling was challenged by local residents from Niles who won and got this approval overturned.)

15. 4/7/15 – Lennar’s proposal to develop 2,214 residential units to the west of the Warm Springs BART station. I was the lone ‘no’ vote.

16. 6/16/15 – Developers requested a General Plan Amendment to convert a commercial zoned property to medium density development allowing for 43 townhomes at 4133 and 4167 Peralta. I was the sole ‘no’ vote.

17. 11/10/15 – Appeal of the Planning Commission’s decision to deny the Granite Ridge development (37350 Sequoia) with 56 townhomes and 76 apartment units. On a vote of 3-2, with Lily Mei and I voting no, the Council granted the appeal and allowed the project to proceed.

18. 1/12/16 – Final approval for Connoly’s. Despite many speakers and written correspondence opposing the project, Council approved the development of 56 attached townhouses and 11 live/work units on a 3-2 vote with Lily Mei and myself voting no.

19. 2/16/16 – The Planning Commission recommended a number of changes to the municipal code. One of the controversial ones was to limit the amount of tandem parking to 20 percent of the total parking. Developers did not like this as they can develop more if they can use more tandem parking. Vote to approve is 3-2 with Mayor Harrison and Councilmember Chan voting no.

20. 3/1/16 – On the second reading of the municipal code changes voted for on 2/16/16, Councilmember Jones changed his position and voted along with Mayor Harrison and Councilmember Chan. Developers can now do more than 20 percent of tandem parking in a development.

21. 4/19/16 – Consideration of the Planning Commission’s recommendation to update the City’s density bonus ordinance. I was the lone ‘no’ vote. I felt this was an unnecessary gift to developers who already want increased density.

22. 4/19/16 – Mayor Harrison made a referral to have the Council support the November 2016 statewide school bond measure. I was the lone ‘no’ vote. This bond measure puts the burden for new school construction on the taxpayers and allows developers to not fully pay for the burden on schools that they generate, as was the case with the prior bond measure.

23. 6/7/16 – The Planning Commission recommended changing the land use designation for the 12.72 acre site at Kimber Park to private open space. This would prevent any proposed housing development on the site. It ended the final chapter of the Kimber Park saga. The motion passed 3-2 with Mayor Harrison and Councilmember Chan voting no.

24. 9/13/16 – Planning Commission recommends a General Plan Amendment for four parcels by Parish and Peralta from commercial to residential allowing for 52 townhomes. Motion is approved 3-2 with Lily Mei and myself voting no.

25. 11/15/16 – Planning Commission recommended a rezoning of 1031 Walnut to allow for 670 rental units. Numerous members of the public spoke out against the project. I madke a motion to table the discussion until the newly elected Council is seated. It is voted down 3-2 with Lily Mei and myself voting no. A motion passed to approve the project with Lily Mei and I voting no.

26. 12/6/16 – At the second reading of the ordinance for 1031 Walnut, numerous people spoke out against the ordinance. It passed with Lily Mei and I voting no.

Salwan back on Council

26. 2/7/17 – Council considers approving a development at 4133 and 4167 Peralta. I am the lone ‘no’ vote. (Salwan voted yes.)

28. 3/14/17 – This was a General Plan Prioritization Request* to consider a development of 28 single family homes on Crystalline Dr. This was an amazing request as the property sits between two active earthquake fault lines. Lily Mei and I voted no. (Salwan voted yes.)

29. 3/14/17 – Council considered the approval of a 55 unit development to the east of Mission Blvd. The project was approved on a 3-2 vote with Lily Mei and I voting no. (Salwan voted yes.)

30. 6/20/17 – Council received a report and considers increases in the commercial linkage fees. These are similar to affordable housing fees on residential properties. A number of speakers spoke in favor of increasing the fees. I was the sole advocate for increasing the fees. Council directed staff not to increase the fees.

31. 7/11/17 – Final approval of a development at Ardenwood / Paseo Padre. I was the lone ‘no’ vote. (Salwan voted yes.)

32. 7/11/17 – Final approval of a development at 44851 South Grimmer Blvd. I was the lone ‘no’ vote. (Salwan voted yes.)

33. 5/1/18 – Council considers General Plan Amendment to convert a 0.79 acre site from commercial to residential. The new development will have 13 townhomes at 36341 Mission Blvd. I am the lone ‘no’ vote. (Salwan voted yes.)

34. 5/1/18 – Council considers General Plan Amendment to convert a 1.9 acre site from hillside residential to low-density residential. The new development will have seven single family lots at 241 Morrison Canyon Road. I am the lone ‘no’ vote. (Salwan voted yes.)

35. 1/15/19 – Council considered a rezoning of a 1.9 acre parcel near Morrison Canyon Road to allow for eight single family homes. I was the lone ‘no’ vote. I felt that the incentives being offered by the developer were not adequate considering the number of homes that would be allowed. (Salwan voted yes.)

36. 3/19/19 – The Council considered the development in Centerville at Fremont and Peralta. The development would demolish the existing buildings, including a historic fire station, and allow for 72 townhomes, 93 apartments, and 26,000 sq. ft. of retail. The applicant got numerous youth to speak that they wanted the small community room to be built (done only if the historic fire station was removed). Many people spoke against the development and demolition of the fire station. The motion to approve the development passed 4-3 with Mayor Mei, Councilmember Kassan and myself casting the dissenting votes. (Salwan voted yes.) Note that this development never happened because the developer, Silicon Sage, went bankrupt after being charged with fraud – Silicon Sage had maxed out campaign contributions to Salwan as well as other Councilmembers.

37. 7/7/20 – Council considered an appeal of Planning Commission’s denial of a four single family home development on Decoto Road. I felt that the design resulted in something that matched the existing neighborhood and was in favor of the appeal. The final vote was 4-3 with Councilmembers Kassan, Salwan, Jones and myself voting in favor.