data as of

🏟️ 10TH STREET — THE CASE

2127 S 10th · SJ
SBST · Tony Sanguinetti · Kali27

Recognize this youth-sports use — and ease the rezone fees.

Adam & Tony (South Bay Training LLC) own a building + an awkward triangle of land at 2127 S 10th St — literally old Union Pacific railroad land still stuck with a “Heavy Industrial” label. The ask: recognize SBST’s youth-sports use and cut or waive the heavy rezone / study fees.
Parcel size
0.89 ac
1.19 ac if disputed — both under the 2.0-ac cap
The case
10
levers — 3 lead + 7 supporting
The ask
4
tiers — fee waiver / reduction / deferral
📋 Technical companion — CIC / HI zoning summary The formal write-up: parcels, use-table, and the GPA path. Tap to open ↗
This page = the plain-English case & how to pitch it (the why). That page = the formal CIC / Heavy-Industrial zoning summary — parcels, use-table, GPA mechanics (the regulatory how). They’re companions.
👆
How to use this: tap a card to open the plain-English case, then tap “See the proof ▾” inside it for exhibits & what’s still needed — three layers, nothing dumped at once.
Start here
🚶
Walk-through — pitch it in this order
The 9-beat order to make the case to Council, built from the real record.
  1. Who we are 🏟️ — a multi-generational San José family business (LoBue–Taormino–Pepitone roots), built from nothing into a program with 1,040 alumni — 31 to SJSU, 27 to Santa Clara, ~160 to the pro ranks.
  2. The original displacement 🏚️ — 17 years at 995 E. Santa Clara, next to Roosevelt Park. We tried to buy it for ~$4M to keep operating; a subsidized-housing nonprofit (First Community Housing) outbid us at $5.5M in Nov. 2020, mid-COVID — and we were pushed out with no relocation help.
  3. The irony of what replaced us 💸 — that same nonprofit later needed a $26.5M City bailout in 2023 after defaulting on its own projects. The City backstopped the buyer that displaced us; we got nothing and absorbed the loss ourselves.
  4. Why we reinvested at 10th St — we put our own capital into 2127 S 10th St in 2022, deliberately choosing the South 10th sports corridor — Fairgrounds, Sharks Ice, SJSU athletics — to keep serving San José kids, with zero public help.
  5. The zoning mismatch we didn't create 🚧 — the parcel we landed on carries a Heavy Industrial label. Under the City's own code, commercial indoor recreation isn't just hard to permit in HI — it's flatly not allowed, period.
  6. Why it has to be a rezone, not a CUP 📖 — confirmed directly against San José's zoning use table: HI shows a flat “not permitted” for this use, while CIC shows it permitted by right. There's no Conditional Use Permit shortcut here — a GPA + rezone is the only legitimate path, which is exactly what's been filed.
  7. Where we stand today 📝 — the General Plan Amendment and Rezoning applications were formally filed 6/24/2026. Planning staff has signaled the use may be permitted by right once the designation changes. We're on track for the City's 2028 General Plan cycle.
  8. What's actually at stake — per the City's own Code Enforcement, SBST can keep operating only as long as we're actively going through this rezoning process. This isn't a formality — it's the thing keeping the doors open.
  9. The ask 🎯 — recognize the sports/recreation use already here, and don't charge full rezone and study fees to the business the City's own housing policy displaced once already and never helped.
The deeper read
📚
The Full Story — everything, start to finish
One linear read, origin to today — for anyone who wants the whole record before the ask.
1 · Origin — 995 E. Santa Clara

For roughly 17 years, SBST ran its youth baseball/softball training program out of 995 E. Santa Clara St in San José — immediately next to Roosevelt Park and the Roosevelt Community Center, anchoring a historically underserved corridor at no cost to the City. 🟦 tenancy account

2 · The 2020 displacement

In 2020, SBST (Tony & Adam) made a good-faith, financed attempt to buy 995 outright to keep operating there long-term — Tony's account puts that offer at roughly ~$4M. 🟦 Tony's account — not yet matched to a written LOI or loan file Instead, First Community Housing (FCH), an affordable-housing nonprofit, bought the building for $5.5M, recorded 11/06/2020 — squarely mid-COVID. ✅ county record SBST was leased back for a period under the new ownership, then fully vacated 10/03/2024. The new owner's own Amended & Restated Lease §1.7, "No Relocation Benefit," put the no-help term in writing. ✅ documented — lease §1.7

3 · The FCH irony

Barely two years later, the buyer that outbid SBST needed its own City bailout: $13.0M (Dec 2022) so FCH could avoid defaulting on its Second Street Studios financing, plus $13.5M (Apr 2023) when the City purchased FCH's defaulted 258 McEvoy St property — $26.5M total (with roughly $87M directed to FCH over time). FCH's Executive Director resigned in June 2023 amid the financial trouble. ✅ sourced — The Real Deal, 7/27/2023, citing SJ Mercury News + City legistar The City backstopped the very buyer that outbid and displaced SBST; SBST received no relocation help and absorbed the loss itself.

4 · Reinvesting at 2127 S 10th St

Rather than fight a subsidy-backed buyer, SBST reinvested its own capital in 2022 at 2127 S 10th St — deliberately choosing the South 10th sports corridor (Fairgrounds, Sharks Ice, Tech CU Arena, SJSU athletics) to keep serving San José kids. No public money, no relocation assistance — just the owners' own capital, structured through South Bay Training LLC, which owns the building and the adjacent triangle land jointly, Adam & Tony.

5 · Discovering the zoning mismatch

What the deed didn't say going in: the parcel carries a Heavy Industrial (HI) General Plan / zoning label. HI doesn't just make a youth-sports use hard to permit — it flatly disallows it.

6 · Why it's a rezone, not a CUP

Confirmed directly against San José Municipal Code Title 20, Ch. 20.50, Table 20-110 — the zoning use table itself: for Recreation, Commercial (Indoor/Outdoor), the HI column shows "–" — not permitted, period, no Conditional Use Permit path exists in HI for this use. CIC shows the same use Permitted by right. TEC / IP / LI show it as conditional / General-Plan-gated. There's no CUP shortcut here — a General Plan Amendment plus rezone is the only legitimate route. ✅ code table, SJMC Title 20 Ch. 20.50

7 · Applications formally filed

The General Plan Amendment and Rezoning applications were formally filed with the City on 6/24/2026 (GP26-006 / C26-009 / ER26-101). ✅ signed applications on file

8 · Where things stand today

Planning staff has informally signaled the use may be permitted by right once the parcel is redesignated off Heavy Industrial — a positive signal, not an approval. The application is on track for the City's 2028 General Plan cycle. 🟦 working timeline A new wrinkle has also surfaced: an adjacent-parcel / HOA-signature complication tied to the "South of Tenth Business Center" industrial-condo HOA (CC&Rs recorded 10-31-2007), which governs permitted use at 2127 separately from City zoning — still being worked through. 🚩 new, unresolved

9 · What's actually at stake

Per the City's own Code Enforcement, SBST can keep operating only as long as it's actively going through this rezoning process. This isn't paperwork for its own sake — it's the thing keeping the doors open.

10 · The ask

Recognize the sports/recreation use already here, and don't load full rezone and study fees onto the business the City's own housing policy displaced once already — and never helped.

🔎 See the proof ▾
What's confirmed vs. what still needs corroboration

✅ on record The $5.5M FCH purchase (11/06/2020), the Lease §1.7 "No Relocation Benefit," the $26.5M FCH bailout breakdown, the FCH ED's June-2023 resignation, and the 6/24/2026 GPA/Rezoning filing are all documented — county records, primary lease PDFs, sourced reporting, and signed City applications on file.

🟦 Tony's account The ~$4M SBST offer for 995 has not yet been matched to a written LOI or loan file — stated here as Tony's account, not a verified figure.

🚩 open The exact sign-off (if any) the "South of Tenth" HOA requires; the final unit count for FCH's replacement housing project at 995 (sources disagree — not stated here for that reason); and the 2028 GP-cycle timeline is a working target, not a guarantee.

Quick reference
📌
TL;DR — the ask in plain English
A 10-second skim of the whole case.

Adam & Tony (South Bay Training LLC) own a building + an awkward little triangle of land at 2127 S 10th St that is literally old Union Pacific (ex–Southern Pacific) railroad land, still stuck with a “Heavy Industrial” label.

They want the City to recognize SBST’s youth-sports / recreation use and cut or waive the heavy rezone / study fees on that remnant parcel.

3 lead reasons
🥇 Two-Acre path
< 2 ac
cleanest in-Plan attempt at the use change
🥈 History + roots
Rail
UP/SP railroad land + deep family roots
🥉 Displacement
Equity
City displaced SBST before — no relocation help
💬 what’s the “bonus long-play”?
Maybe acquire or lease an adjacent former-rail strip of the VTA bus yard to “square up” the triangle. It’s a nice-to-have — low feasibility, parked — not part of today’s ask.
The 3 lead levers
🥇
Two-Acre Rule
The cleanest-path attempt — aim to avoid a full rezone fight.
What it is

San José’s Discretionary Alternate-Use Policy (2020 GP p.251) lets a parcel 2 acres or less be approved for a different use without a full conventional rezone, if it’s compatible with neighbors.

ℹ️ in plain English: “Two-Acre Rule”
For small parcels (≤2 acres), the City has a shortcut to bless a new use — potentially skipping the long, expensive full-rezone process. The S. 10th triangle easily fits the size test.
Why it helps us

The S. 10th triangle is 0.89 ac (or 1.19 ac disputed) — both under 2.0, so it clears the size test under every reading. The acreage argument can’t be used against us; the discrepancy is a non-issue. This is the lowest-friction route to attempt the use change. ✅ acreage verified

⚠️ Honest caveat — the GPA may be the real gate

Treat Two-Acre as the cleanest-path attempt, not a guarantee. Per the CIC technical summary, the Heavy-Industrial designation here may actually require a General Plan Amendment (GPA) — a bigger step than the small-parcel shortcut. So we lead with the Two-Acre path because it’s the least-friction option, but we plan around the GPA as the likely gate rather than assume the shortcut clears everything. 🚩 confirm the operative mechanism

ℹ️ in plain English: “General Plan Amendment (GPA)”
A GPA is a formal change to the City’s long-range land-use map/plan — heard on a limited cycle, with more review than a small-parcel shortcut. The CIC summary suggests this site’s Heavy-Industrial label may need one. Bottom line: the Two-Acre policy is the opening move; the GPA is the path we prepare for if the shortcut doesn’t fully apply.
One-line pitch to Council

This parcel is well under two acres under any measurement — so let’s use the City’s own alternate-use policy as the cleanest path to recognize this use, and scope any General Plan step to the minimum the site actually needs.

🔎 See the proof ▾
What we still need to prove it

🚩 unverified  Confirm the live Envision-2040 equivalent of the 2020 Two-Acre Rule (2040 is the operative plan; the concept is the lever, the current mechanism must be cited). Pull exact p.251 text before any filing.

🚩  Confirm whether a GPA is required for this Heavy-Industrial parcel (per the CIC summary) — and if so, the cycle/timing — so the Two-Acre framing is positioned as the attempt, not an over-promise.

🟦 context  Private HOA CC&Rs — the “South of Tenth Business Center” industrial-condo declaration (recorded 10-31-2007) — also govern permitted use at 2127, separate from City zoning. 🚩 Pull the recorded CC&R PDF into the vault and check its use/parking terms before relying on it.

🥈
Historic / Railroad / Family Roots
The strongest justification.
What it is

The land IS former Union Pacific (ex–Southern Pacific) rail right-of-way — proven by the parcel’s own 2015 UP quitclaim deed (Pueblo Lot No. 6 / Chaboya Partition; “0.909 of an acre”; the deed’s curves ARE the spur arcs). Family roots run through the LoBue–Taormino orchard/cannery line, and the surname Pepitone appears in BOTH the family narrative AND the parcel’s recorded 1951 deed chain (Joseph M. Pepitone → County of Santa Clara). ✅ deed 🟦 family narrative

💬 what this means: “right-of-way (ROW)” & “quitclaim deed”
A right-of-way (ROW) is the strip of land a railroad ran its tracks on. A quitclaim deed is the document where the railroad signed over whatever interest it still held — here, the 2015 deed is the receipt proving this really is old rail land.
Why it helps us

San José’s landmark criteria reward heritage tied to “agriculture, commerce, or industry … 1777 to present” — orchard + cannery + railroad fits by name. The City’s own context statements treat rail spurs as documented heritage features. This turns the rezone from “developer wants a label change” into “owner stewarding San José’s railroad and family heritage.”

One-line pitch to Council

This is documented Union Pacific railroad land with my family’s name in its own 1951 title chain — recognizing this use honors San José’s history, it doesn’t ignore it.

🔎 See the proof ▾
What we still need to prove it
  • 🧭 Reframe (Tony-confirmed): there are NO historic buildings on-site — the value is the surviving rail alignment / open-space continuity, not a structure. So building-based perks (Mills Act, building-tax exemption, federal rehab credits, Ch. 20.80 reuse) are largely N/A as-is — lead with narrative + character-fit + corridor recognition.
  • 🌳 Strong companion: the Five Wounds rail-to-trail (former Western Pacific ROW, VTA-owned, a Priority Conservation Area, CEQA-active through 2026) validates the “surviving alignment” story. 🚩 Confirm whether the parcel is inside vs. adjacent to that trail ROW.
  • 🚩 Confirm which specific spur, the parcel’s HRI/survey status, and that the deed-chain Joseph M. Pepitone = the great-grandmother’s-husband Pepitone (supply first names/dates).
  • ⚖️ Designation is double-edged (brings preservation duties) — decide the spurs’ fate with counsel before nominating anything.
ℹ️ why “double-edged”?
Getting something officially declared historic also locks in preservation duties — you can’t freely alter or remove it later. So designation is a tool to use carefully, with a lawyer, not a reflex.
🥉
City Displacement — No Relocation Help
The strongest equity / fairness point.
What it is

SBST was forced out of its prior location (995 E. Santa Clara St — its home for ~17 years) by the housing crisis / a City-backed conversion of employment land to housing, and got NO meaningful relocation assistance. This is now documented, not just narrated: the buyer’s own Amended & Restated Lease §1.7 “No Relocation Benefit” put the no-relocation-help term in writing. ✅ documented — lease §1.7 🟦 broader displacement account

The displacement story, in order
1 · Good-faith offer
$4M
SBST’s good-faith offer to buy
2 · Outbid by investor
$5.5M
an investor outbid the local business
3 · Backdrop
$26.5M
the ~FCH bailout context

Sequence: SBST negotiated in good faith to buy (2014–2019) → FCH bought 995 for $5.5M (11/06/2020, mid-COVID) → SBST was leased back, then vacated 10/03/2024 with no relocation help. The $5.5M FCH purchase and the ~$26.5M City bailout of FCH (Dec 2022 + Apr 2023) are now documented on disk (995 history & timeline). ✅ documented The ~$4M SBST offer stays Tony’s account pending the LOI/loan file. 🟦

💬 what this means: “employment land → housing”
Employment land is ground zoned for job-creating uses (industrial, commercial). When a city lets it be converted to housing, businesses sitting on it can get pushed out — which is what Tony says happened to SBST, with no help finding a new home.
Why it helps us

It’s the fairness hammer: the City’s own actions displaced a job-creating local business and offered no help — so it shouldn’t now load full rezone / study fees on the awkward remnant parcel. Pairs with ongoing harm (below) and the jobs pillar.

One-line pitch to Council

The City displaced our business once with no relocation help — we’re not asking for a handout, just don’t pile full fees on the remnant parcel we had to rebuild on.

🔎 See the proof ▾
What we still need to prove it

✅ on disk The displacement spine is now documented: the Amended & Restated Lease §1.7 “No Relocation Benefit” (in writing), the $5.5M FCH purchase (county record), and the ~$26.5M City bailout of FCH — all in the 995 history & timeline on disk, with the primary lease PDFs.

🟦 Still to corroborate: the ~$4M SBST offer (locate the LOI/loan file) and the employment-land → housing conversion record. 🚩 Do not assert a written/broken ROFR — discussed but never in writing.

Supporting angles
📎
Supporting Angles
7 more real levers — ranked below the top 3.
💼
Employment-Lands / Jobs · Lever 4
What it is

SBST is a job-creating use on Central-City land. The City’s own 2020 GP says it uses “incentives to attract industrial development,” that “land uses that generate jobs … typically generate greater revenue than residential use,” and keeps a Central Incentive Zone (p.285). ✅ policy backing

ℹ️ in plain English: “employment-lands”
Land the City wants used for jobs, not housing. The argument: SBST is exactly that — so easing its fees is a legitimate economic-development incentive, not a favor.
Why it helps us

It backs the fee-relief ask as legitimate economic-development incentive — and it’s the live, current harm: two tenured instructors lost to cost-of-living — a ~20-year founding employee moved to Elk Grove, and a returning team member is leaving for Missouri. 🟦 corroborable

One-line pitch to Council

SBST is exactly the local, job-creating employer the City says it wants — but the housing crisis is already pulling out our most tenured people; helping this site keeps those jobs here.

🔎 See the proof ▾
What we still need to prove it

🟦 Payroll/tenure records + current addresses for the two departures; the employment-land conversion record.

🏟️
Prior Recreational-Use Precedent · Lever 5
What it is

The parcel/area’s prior recreational uses support recognizing SBST’s sports/recreation use as consistent, not novel. The site’s 2022 Phase I ESA documents the eastern-adjoining land as a golf course (1968 aerial) and “Fairground Fairways” (1961 topo) — recreation-adjacent use is baked into the record. ✅ document-verified border

Why it helps us

Removes the “brand-new use on industrial land” objection — the surrounding land’s recorded history runs orchard → rail → golf/fairways → transit, never heavy manufacturing. The building itself reportedly housed indoor recreation before SBST (dance, parkour/gymnastics, basketball, dog-training) — established recreation/assembly use. 🟦 prior-tenant account

One-line pitch to Council

Recreational use here isn’t new — the land next door was a golf course, and this building already hosted indoor sports. It fits what this ground has already supported.

🔎 See the proof ▾
What’s on file / what’s left

✅ on disk Golf-course border is document-verified in the 2022 Phase I (1968 aerial PDF p.96; 1961 “Fairground Fairways” topo).

🟦 Prior indoor-recreation tenants — corroborate via prior business licenses / certificates of occupancy. 🚩 Keep “par-3 / part of fairgrounds” as family account until a historic map confirms it.

🏦
Documented Bank-Appraisal Harm · Lever 6
What it is

SBST’s property drew an unfavorable bank appraisal — the parcel was treated as weak collateral, which made financing harder and cut available capital (the loan still closed). The appraisal documents are now on disk: the Revised appraisal (AC25-369), a Valuation Reconsideration, and a Rebuttal report. ✅ documented

💬 what this means: “weak collateral” appraisal
When a bank values property low, it counts as weak collateral — they’ll lend less against it. SBST still got the loan, but with less capital available. Note: the wording is unfavorable / weak collateral / loan still closed — never “worthless.”
Why it helps us

Concrete proof the Heavy-Industrial label + awkward remnant caused real financial harm — reinforcing the equity/fee-relief case with a document, not just a story.

One-line pitch to Council

The current designation made the bank treat this as weak collateral — it already cost us capital; the City shouldn’t add to that with full fees.

🔎 See the proof ▾
What’s on file / what’s left

✅ on disk Three appraisal documents are saved: Appraisal — 2127 S 10th St, AC25-369 (Revised), Valuation Reconsideration (Final), and the Appraisal Rebuttal Report. ⚠️ Use the corrected wording only — unfavorable / weak collateral / loan still closed — never “worthless.”

🌱
CEQA / EIR Reuse · Lever 7 · cheaper studies
What it is

A real program EIR — SCH# 1994023031 — already covers Land Use, Hazards, Recreation, Noise, Transportation, and Cumulative Effects. ✅ EIR exists & cited

ℹ️ in plain English: “CEQA / EIR / tiering”
CEQA is California’s environmental-review law; an EIR is the big study it requires. Tiering means leaning on a study that was already done instead of paying for a brand-new one — saving cost and time.
Why it helps us

Lets the City tier off existing environmental review instead of commissioning new studies — directly lowering cost/time. (Live hook = the Envision 2040 Program EIR; the 1994 EIR shows the conversion was studied decades ago.) Seismic fits too: the parcel’s hazard is liquefaction, not surface fault rupture (valley floor; not Alquist-Priolo zoned) — a routine geotech item, not a development-killer. ✅ favorable

💬 “liquefaction” vs “Alquist-Priolo”?
Liquefaction = soft soil can act like liquid in a quake (a routine, engineerable issue). Alquist-Priolo zones sit right on an active fault line (a true deal-breaker). This parcel is the routine kind, not the deal-breaker kind.
One-line pitch to Council

The environmental impacts here were already studied — we can tier off existing review instead of paying for new studies.

🔎 See the proof ▾
What we still need to prove it

🚩 Confirm the operative 2040 EIR tiering hook; pull the exact parcel liquefaction zone on CGS EQ Zapp + SCC GIS.

🏆
Fairgrounds Proximity · Lever 8 · it fits the neighborhood
What it is

A County-backed sports district is forming right next door at the Santa Clara County Fairgrounds: a Major League Cricket stadium (14 ac, ~$50M, up to 15,000 seats; ENA Jan 2022), a San Jose Earthquakes 8–10-field soccer complex + pro training center (announced Dec 2023; in active negotiation), and an SJSU “Speed City” track & field facility (ENA Mar 2022; $9M secured). ✅ sources on file

📸 Document-verified border (2022 Phase I ESA)

The parcel’s own environmental report shows it bordered fairgrounds/recreation ground for 60+ years: the 1968 aerial shows the eastern-adjoining parcel “in use as a golf course,” and the 1961 USGS topo labels that same parcel “Fairground Fairways.” Two independent sources put golf/fairways land right on the eastern property line. ✅ document-verified · 1968 aerial + 1961 topo

Kept honest: the report says “golf course” and “Fairground Fairways,” but not “par-3,” and not that the course was formally part of the County Fairgrounds. The par-3 / part-of-fairgrounds detail is Tony’s family account — well-supported by the “Fairground Fairways” label, not yet independently confirmed. The land bordered the parcel to its line; it wasn’t inside the fairgrounds boundary. 🟦 par-3 / membership = family account

Why it helps us

A youth-sports training facility is the single most complementary use next to that cluster — a natural extension of the district, not an outlier on “heavy industrial” land. Strengthens the emerging-character land-use argument and the activation/community-benefit story (the area reportedly has no walkable park within 3 miles).

One-line pitch to Council

Our parcel sits inside the footprint of the County’s emerging Fairgrounds sports district — youth-sports training is the most natural fit on this land, advancing the County’s own goals.

🔎 See the proof ▾
What we still need to prove it

🚩 Confirm parcel-to-parcel adjacency to the stadium site on an APN/site map; confirm 2025–2026 build status of each anchor.

🎁
§54221 Former-ROW → Adjacent Owner · Lever 9 · a BONUS, not a risk
What it is

Under Gov. Code §54221, a former street/rail-ROW/easement can be conveyed directly to the adjacent owner as “exempt surplus land” — skipping the full Surplus Land Act competition. The owners’ parcel IS deed-confirmed former UP/SP ROW, and it shares a fence with the VTA Chaboya yard (immediate-abutter status). ✅ deed-backed for the S. 10th parcel

ℹ️ in plain English: “§54221 exempt surplus land”
Normally a public agency must publicly shop surplus land around. §54221 carves out an exception: a former road/rail strip can be handed straight to the next-door owner. Since the parcel abuts the yard and is former ROW, the owners would be the logical party — if any such strip is truly surplus.
Why it helps us

If any abutting surplus former-ROW strip ever exists, this is the cleanest path to acquire it. Frame it as a bonus acquisition route — it does not weaken or risk the rezone case.

One-line pitch to Council

As the adjacent owners of former railroad right-of-way, we’re the logical party for any surplus remnant strip under §54221 — but that’s separate upside, not what we’re asking for today.

🔎 See the proof ▾
What we still need to prove it

🚩 Whether any abutting strip is also former-ROW and truly surplus (review on-file spur maps + a Sanborn/valuation map).

🟦 VTA reality: Chaboya is an active yard mid-electrification — not surplus; a bus-wash sits in the target corner, making fee-acquisition low feasibility. Any realistic VTA move is an easement/lease, not a purchase. VTA here is an access-watch, not a square-off. This whole strip play stays parked / low-feasibility.

🔺
Awkward Triangle / Blight-to-Improvement · Lever 10
What it is

The parcel is an awkward triangle that’s hard to use — the textbook basis for SJMC Ch. 4.20 “not independently developable.” The owners cleaned junk-strewn, blighted land and activated it with SBST. 🟦 Tony’s account

💬 “not independently developable”?
The triangle is so oddly shaped that you couldn’t build a normal project on it alone — which the City code actually recognizes. Here that shape is a feature: it supports the “special case, ease the fees” argument.
Why it helps us

The triangle shape is a feature, not a bug, for the argument: it’s exactly the “can’t be developed without consolidation” case, and the cleanup is concrete public-benefit / infill-activation the City’s plans favor.

One-line pitch to Council

We took a blighted, awkward remnant nobody could use and turned it into an active community-sports asset — that’s the kind of infill activation the City’s own plans reward.

🔎 See the proof ▾
What we still need to prove it

🟦 Before/after photos (held by M2; merge via Drive); confirm the exact triangle shape on the parcel map.

What we’re asking for
🎯
The Asks
Four tiers — near-term wins first.
🥇Tier 1 — Two-Acre alternate-use + fee relief

Approve SBST’s sports/recreation use via the in-Plan Discretionary Alternate-Use Policy (parcel <2 ac under every reading) as the cleanest path, and grant fee waiver / reduction / deferral. 🚩 Confirm the live 2040 small-parcel equivalent — and whether a GPA is the operative gate (per the CIC summary). (Cleanest-path attempt — scope any General Plan step to the minimum.)

🥈Tier 2 — Historic justification + CEQA/EIR reuse + mapping correction

Ground the change in the rail-ROW + family-roots heritage, reuse the existing program EIR (SCH# 1994023031) instead of new studies, and recognize the mapping correction — the City’s own plan calls Central-City heavy-industrial “outmoded … for conversion.” (Strongest justification.)

🥉Tier 3 — Displacement-equity fee/study relief

On the record that the City displaced a job-creating business with no relocation help (+ ongoing instructor harm + the unfavorable bank appraisal), ask the City to not load full rezone/study fees on the remnant. 🟦 attach corroboration. (Strongest equity.)

🎁Tier 4 — §54221 strip / Fairgrounds land deal

Position the owners (Adam & Tony) as the logical adjacent partners for a truly surplus, non-trail former-ROW edge strip of Chaboya — via §54221 conveyance or a Cerone-style lease/joint development — tied to the Fairgrounds sports-district + heritage-museum vision. Parked / low feasibility; a standing letter of interest only.

Posture: read-only / positioning only — no filings, no outreach. Near-term wins are Tiers 1–2, with Tier 3 as the equity frame for the fee ask; Tier 4 is patient positioning weighed with counsel.
Open items
🗂️
What We Still Need
Tony’s open items — file recovery, documents, verifications.

📄 File recovery (highest priority)

  • Re-export the big memo (10TH_STREET_REZONE_FEE_WAIVER_CASE.md) — displacement / $26.5M FCH / $4M-vs-$5.5M / instructor-harm / prior-recreational-use / tiered resolutions. Not on disk.
  • Re-export the History/Impact dossier (SBST_HISTORY_AND_COMMUNITY_IMPACT_DOSSIER.md) — re-verify the 1,040 alumni / 31 SJSU / 27 SCU / ~160 pro figures. Not on disk.
  • Re-export the confidential legal note (10TH_STREET_LEGAL_OPTIONS_CONFIDENTIAL.md) to a separate, access-controlled location (keep OUT of this public walk-through). Not on disk.
  • M2 media merge — push the 1,674 photos / PROMO_PREP / before-after imagery to the shared Drive for the blight-to-improvement exhibit.

🧾 Documents to attach (move account → record)

  • 🟦
    The bank appraisal document (use: unfavorable / weak collateral / loan still closed).
  • 🟦
    Relocation-assistance records (or proof none was offered) from the prior displacement + the employment-land→housing conversion.
  • 🟦
    Payroll/tenure + addresses for the two departed instructors (Elk Grove; Missouri).
  • 🟦
    Before/after photos of the blighted-to-activated land.

🏛️ Parcel-level verifications

  • 🚩
    Confirm the live Envision-2040 small-parcel (<2 ac) alternate-use mechanism + the exact 2040 effective date — and whether a GPA is the operative gate for this HI parcel (per the CIC summary).
  • 🚩
    Exact seismic/liquefaction zone for 2127 S 10th St (CGS EQ Zapp + SCC GIS).
  • 🚩
    Which spur the parcel sits on, and whether it’s inside vs. adjacent to the Five Wounds Trail / VTA ROW.
  • 🚩
    Parcel-to-parcel adjacency to the Fairgrounds cricket-stadium site + 2025–2026 build status of the anchors.
  • 🚩
    Whether any abutting strip is also former-ROW and truly §54221-acquirable (review spur/Sanborn maps); confirm the bus-wash footprint.

📖 Family / story corroboration

  • “Pimento” resolved → PEPITONE (great-grandmother’s husband; same name in the 1951 deed chain). Remaining: confirm the deed-chain Joseph M. Pepitone is that same person + supply first names/dates. (Pepitone = deed/roots; distinct from Pinto Maurice, the landlord.)
  • 🚩
    The grandfather-built house on North First Street — address, build year, still standing? (assessor/permit/Sanborn).

⚖️ Strategy decisions (with counsel)

  • ⚖️
    Spurs’ fate — protect-in-place vs. preserve-and-reuse vs. remove (decides whether historic designation is an asset or liability).
  • ⚖️
    Standing letter of interest + lease/option (achievable) vs. a true private ROFR over public land (SLA-constrained) for the Chaboya edge strip.
Reference
🏷️
Verification legend
What each tag on a fact means.
✅ verified
Confirmed against a primary record (deed, City doc, statute) on file.
🟦 Tony’s account
Tony-stated, internally consistent, not yet matched to a primary record. Confirm before filing.
🚩 unverified
Asserted but not yet checked; don’t state as fact in a filing.
⏳ to-export
Lives only in a prior session; must be re-saved to disk.
🔒 Note: the confidential legal-options analysis is a separate file (attorney-eyes / privileged-style) and is NOT included here. This app consolidates the public angles only. 2127 S 10th St, San José · SBST / Tony Sanguinetti · Kali27. Property owned jointly by Adam & Tony via South Bay Training LLC. Read-only / documentation only — no filings, no outreach, no external actions. Appraisal wording: unfavorable / weak collateral / loan still closed (never “worthless”). Surname: Pepitone (deed/roots) — distinct from Pinto Maurice (landlord). VTA: access-watch, not square-off; purchase angle parked / low-feasibility. Technical companion: the CIC / HI zoning summary.