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Politics & Government

1,070 New Homes Approved Despite Environmental, Health Concerns

The Planning Commission has approved the building of more than 1,000 new homes near the Great Mall, despite what a local carpenters' union says are potential risks to nearby residents' health and air quality.

Changes in Milpitas' southern skyline could be coming, in the form of new condos, townhomes and houses - despite concerns over environmental hazards and cancer risks being expressed by a local carpenters' union.

A total of received Planning Commission approval last week, and will be recommended to the Milpitas City Council.

The new homes would be built by a handful of different developers:

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The Commission voted 4-0 in favor of each project. Planning Commission Vice Chair Noella Tabladillo and Commissioners Steve Tao, Gurdev Sandhu, and Zeya Mohsin were absent.

However, more than a dozen members of the Carpenters' Union Local 405 sat in the front rows of the Council Chambers, holding their banner facing the Commission.

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Two letters sent to the City on behalf of the union members from attorney Richard Drury referred to contaminants migrating to the site of the Citation project, and to toxic air around the Trumark and Shea projects.

The Citation project was also discussed at the Sept. 28 Planning Commission meeting, but was continued to Oct. 12 so staff could review the attorney's first letter.

Union representative Scott Littlehale argued against Citation's project, citing ground contamination.

Citation Homes' spokesman Mike Sullivan said, “We believe these environmental challenges are without merit.”

Citation's request was to amend the previously approved project to allow a fifth story and to replace a ”wrap” condominium unit building with townhomes, according to the agenda.

Commissioner Mark Tiernan asked Assistant City Attorney Brian Otake for his analysis of the union letters.

Otake replied, “This project is categorically exempt and is not required to have any further review of the Environmental  Impact Report (EIR) under the California Environmental Quality Act (CEQA)."

Planning Director James Lindsay added, “The EIR was certified by the Milpitas City Council in 2008. The process has been thoroughly vetted.”

Lindsay added that the land has been vacant for many years, and the property has been cleaned up.

Director of Architecture for the Trumark Contour Project, Garrett Hinds, described their concept as "green architecture." The company will be offering 91 town homes and 43 detached, single-family homes. 

Hinds said, “Trumark is paying $6.3 million in fees, $3.3 million for Transit Area improvements, and $725,000 to the Milpitas Unified School District.”

Littlehale said there were cancer risks for Trumark residents from auto and train exhaust. Lindsay responded again, that, “The EIR was certified in 2008.”

J.J. Abraham, senior vice-president of Shea Properties, described the gateway tower, terrace, plaza and fountain at the point where Main and Abel meet. The previous Mattison project called for 2,800 square feet of retail uses at this corner.

Abraham said, “We are looking to hire local trades with a lot of great jobs coming to North San Jose and Milpitas.”

Littlehale complained that carpenters can't afford to live in the projects they build. He added, “The environmental review is not good enough, considering today's elevated pollution from traffic.”

When asked about this by Planning Commission Chairman Sudhir Mandal, Lindsay said it was covered by the previous EIR under the former Mattison project, and an updated traffic study reached the same conclusion.

Union members were unable to gain traction for their position with the commissioners.

Even more new homes are being planned in this area. D.R. Horton's “Harmony” project is scheduled to be heard by the Planning Commission at its next meeting on Oct. 26. This project calls for 276 single-family attached townhomes and condos, located at the intersection of Montague Expressway and McCandless Drive.

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