SAN
JOSE CITY COUNCIL
OCTOBER
21, 2003
SYNOPSIS
On occasion the City
Council may consider agenda items out of order.
· Call to Order and Roll Call
9:07 a.m. - Closed Session, Room 600, City Hall
Absent Council Members: Dando, Williams. (Excused)
1:36 p.m. - Regular Session, Council Chambers, City Hall
Absent Council Members: Dando. (Excused)
7:03 p.m. - Public Hearings, Council Chambers, City Hall
Absent Council Members: Dando. (Excused)
· Invocation (District 9)
The youth choir from Leigh High School,
the “Madrigals”, directed by Stan Neff, performed a song.
· Pledge of Allegiance
Mayor Gonzales led the Pledge of Allegiance.
· Orders of the Day
The Orders of the Day and the
Amended Agenda were approved.
1.1 Presentation of a commendation to the MACSA Youth Center Eagle Warrior Athletics 19 and Under, 16 and Under, 14 and Under, 12 and Under, 12 and Under Girls, and 10 and Under Futsal Teams. Each of these teams placed at least third, including some National Championships at the 2003 National Futsal Championships in Anaheim, CA. (Campos)
(Deferred from 9/16/03
– Item 1.1 and 10/7/03 – Item 1.1) Heard in the evening.
Mayor Gonzales
was joined at the podium by Council Member Campos to present commendations to
the MACSA Youth Center Eagle Warrior Athletics for several age categories. Council
Member Campos introduced Mario Gonzalez, coach for the teams. The youngsters
of MASCA Youth Center won first and second place in the State, and won three
National championships in the sport of Futsal (indoor soccer). Mayor Gonzales,
and Council Member Campos, on behalf of the Council Members recognized and commended
the players, the coach and the families of the MACSA Youth Center Eagle Warrior
Athletic Teams for their outstanding achievements.
1.2 Swearing in of Youth Commissioners for Districts 1, 3, 5, 7, and 9. (Mayor)
Heard in the evening.
Council Member LeZotte introduced Christina Liu, a Sophomore
at Lynbrook High School, who is studying Chinese at De Anza College, has performed
over 350 hours of community service through Girl Scouts, and Young City Heroes;
she has restored habitats, worked in soup kitchens, removed graffiti, and painted
murals at low income schools. Council Member Chavez introduced Adan Lupercio,
a member of the Washington United Youth Center Advisory Council, a Washington
Youth Volunteer Group Member, a Washington Area Community Coalition Member,
has had 4 years of involvement with his neighborhood, and started “Teens Engaged
to Enhance Neighborhood Services.” Council Member Campos introduced
Carlota Montes, a Senior Honor Student at Mt. Pleasant High School, who is the
President of the Latinos Student Union, representative of the East Side Union
District, and is editor of her school newspaper. Council Member Gregory introduced
Erica Garcia, who is currently the Chair of the current Youth Commission, serving
for the past 4 years; she is committed to ensuring that young people have a
voice in San José . Council Member Chirco introduced Megan Riley, a Sophomore
at Branham High School, who is active in the Octagon Club, Second Harvest Food
Bank, Sacred Heart, Adopt a Creek, and Key Club, and she feels the Youth Commissioner’s
job is to inform the community and focus on youth involvement. City Clerk Patricia
L. O’Hearn swore in each of the nominees.
1.3 Presentation of a commendation to the Avitia Family for being the Hispanic Foundation of Silicon Valley 2003 La Familia Award winner. (Reed/Mayor)
Heard in the evening.
Mayor Gonzales was joined at
the podium by Council Member Reed to commend the Avitia family for receiving
the prestigious La Familia Award. Mayor Gonzales explained that an annual event,
the Hispanic Charity Ball, is the opportunity to bring the Hispanic and Non-Hispanic
community together to raise money for a variety of good community causes and
organizations, and during that dinner, a family is recognized that best exemplifies
outstanding community work. Mayor Gonzales, and Council Member Reed, on behalf
of the Council Members recognized and commended Consuelo and Carlos Avitia,
and their daughters Sonia and Cindy, for their outstanding personal, and professional
contributions to improve the quality of life for the children, and the families
of the San José community.
Consuelo Avitia, a member of the City Clerk’s Office, accepted the commendation
from Mayor Gonzales.
1.4 Presentation of a commendation to teacher Larry Statler for his innovation in creating the Discovery Program, a successful collaboration between special and general education; and for his induction into the prestigious National Teachers Hall of Fame. (Williams)
Heard in the evening.
Mayor Gonzales
was joined at the podium by Council Member Williams to commend and recognize
Larry Statler for his contributions to the community spanning over 30 years.
Mr. Statler’s specialty is special education, and he is outstanding in his profession.
He has been inducted in the National Teacher’s Hall of Fame, which includes
only 35 individuals nationally. Council Member Williams stated he had the opportunity
to visit Mr. Statler’s classroom, to observe how
Mr. Statler and the general education teachers work together, and how the children
benefit from that collaboration. Mayor Gonzales, and Council Member Williams,
on behalf of the Council members, recognized and commended Mr. Larry Statler
for his exemplary dedication to the young people of San José, his leadership
in classroom innovation, and his distinction at the forefront of educators in
America.
1.5 Presentation of a commendation to Services for Brain Injury (SBI) in recognition of Brain Injury Month; for the past fourteen years, SBI has tirelessly worked to assist their clients and their families with services to help them regain maximum independence and to improve their quality of life. (Dando)
(Rules Committee referral 10/15/03)
Deferred to 10/28/03.
There
were none.
(a) ORD. NO. 26994 – Amends Title 22 of the San José Municipal Code to authorize the Director of the Department of Convention, Arts and Entertainment to provide flexible pricing of the Convention and Cultural facilities.
Ordinance No. 26994 was adopted.
(b) ORD. NO. 26996 – Amends Chapter 13.36 of Title 13 and Chapter 15.50 of Title 15 of the San José Municipal Code to require Construction Impact Mitigation Plans for Major Construction Projects in the public right-of-way.
Ordinance No. 26996 was adopted.
Recommendation: Adoption of a resolution amending the 2003-2004 Schedule of Fees and Charges for the Police Department to reflect updated costs related to Card Table Fees. CEQA: Not a Project. (City Manager's Office)
Resolution
No. 71786 adopted.
Recommendation: Report on Request for Proposal and approval to reject the sole proposal received for a Criminal Investigation Case Management System (CICMS). CEQA: Not a Project. (General Services/Police)
Report accepted, and rejection of the proposal received for a Criminal
Investigation Management System was approved.
Recommendation: Approval of Independent Police Auditor, Teresa Guerrero-Daley’s travel to Mexico City, Mexico, October 28-31, 2003, to attend the International Seminar on Police Accountability. Funding: National Institute for Penal Sciences. (Independent Police Auditor)
Approved.
Recommendation: Adoption of a resolution to provide five certifications required by the State Resources Agency for grant funding associated with the Coyote Creek Trail/Selma Olinder Park Project. CEQA: Mitigated Negative Declaration, PP00-10147. Council District 3. SNI Area University, Five Wounds, Brookwood Terrace. (Parks, Recreation and Neighborhood Services)
Resolution
No. 71787 adopted.
Recommendation:
(a) Adoption of the following appropriation ordinance and funding sources resolution amendments in the General Fund:
(1) Increase the revenue estimate for Revenue from the Federal Government by $223,384;
(2) Increase the City-wide appropriation to the Parks, Recreation and Neighborhood Services Department in the amount of $173,384; and
(3) Increase the City-wide appropriation to the Police Department in the amount of $50,000.
Ordinance
No. 26998 adopted.
Resolution
No. 71788 adopted.
(b) Reauthorize the following existing positions for the term of the grant: 1.0 FTE Full-time Community Activity Worker and 0.5 FTE Part-time D-benefited Staff Analyst.
CEQA: Not a Project. Council District 3. SNI Area: Washington.
(Parks, Recreation and Neighborhood Services)
Approved.
Recommendation: Adoption of a resolution initiating proceedings and setting
November 18, 2003 at 1:30 p.m. as the date for Council consideration
of the reorganization of territory designated as Franklin No. 51, which involves
the annexation to the City of San José of 0.503 acre of land, located on the
southeastern corner of Garden Avenue and Southside Drive, generally bounded
by the City of San José Annexation Franklin 28, and the detachment of the same
from the Central Fire Protection, County Library Service Area, County Sanitation
2-3, and the County Lighting Service. CEQA: Resolution No. 71359. Council District
7. (Planning, Building and Code Enforcement)
Resolution
No. 71789 adopted.
Recommendation:
Approval of the agreement with the Commission on Peace Officer Standards and
Training (POST) related to components of the previously approved POST -reimbursed
training program for Peace Officers in Santa Clara County in the amount of $138,000,
for the term of July 1, 2003 to June 30, 2004. CEQA: Not a Project. (Police)
Approved.
Recommendation: Report on bids and award of contract for William H. Cilker Park Project to the low bidder, Robert A. Bothman, Inc., for the base bid in an amount of $305,305, and approval of a contingency in the amount of $30,000. CEQA: Mitigated Negative Declaration, PP03-03-092. Council District 9. (Public Works/Parks, Recreation and Neighborhood Services)
Approved.
Recommendation: Approval of the second amendment to the agreement with Biggs Cardosa Associates, Inc. for the Norman Y. Mineta San José International Airport - Skyport Drive Grade Separation Project, increasing the compensation by $393,390, from $2,200,000 to $2,593,390, and extending the term from June 30, 2004 to December 31, 2004. CEQA: Resolution No. 67380, PP 02-07-191. (Public Works)
Approved.
Recommendation: Adoption of a resolution authorizing the reorganization of territory designated as Berryessa No. 67, which involves the annexation to the City of San José of 6.72 acres of land, located on the west side of King Road, approximately 250 feet southerly of Commodore Drive and generally bounded by the City of San José Annexations Berryessa No. 49, Berryessa No. 41, Berryessa No. 66, Penitencia No. 66, and Berryessa No. 52, and the detachment of the same from the appropriate special districts including: Central Fire Protection and the County Service Area No. 01 (County Library Services Area). CEQA: Mitigated Negative Declaration, PDC02-104. Council District 4. (Planning, Building and Code Enforcement)
(Deferred from 10/14/03 – Item 2.4)
Resolution
No. 71790 adopted.
Recommendation: Adoption of a resolution authorizing the reorganization of territory designated as McKee No. 122 which involves the annexation to the City of San José of 3.33 acres of land, including the abutting portion of right-of-way between Cedarville Lane and North Capitol Avenue, located on the southeast corner of Capitol Avenue and Baton Rouge Drive and generally bounded by the City of San José Annexations McKee No. 78-A and McKee No. 97, and the detachment of the same from the appropriate special districts including: Central Fire Protection and the County Service Area No. 1 (County Library Services Area). CEQA: Mitigated Negative Declaration, PDC03-034. Council District 4. (Planning, Building and Code Enforcement)
(Deferred from 10/14/03 – Item 2.5)
Resolution
No. 71791 adopted.
Mayor Gonzales,
Chair
No
Report.
Vice Mayor Dando,
Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review October 21, 2003 Draft Agenda
The Committee recommended approval of the October 21, 2003 City Council
agenda with five additions.
(2) Add New Items to October 14, 2003 Amended Agenda
The Committee recommended five additions
to the October 14, 2003 City Council agenda.
· Mayor and Council Member Requests
· City Manager Requests
· City Attorney Requests
· City Clerk Requests
(3) List of Reports Outstanding
The Committee noted and filed the City Manager’s report listing one
staff report outstanding for the October 14, 2003 Council agenda.
(c) Legislative Update
(1) State
There was no report.
(2) Federal
There was no report.
(d) Meeting Schedules
(1) Adopt Proposed 2004-2005 City Budget Calendar
The Committee directed the Administration to develop a more meaningful
partnership with employees/employee unions and with community groups during
the budget process, and to specifically include employees on the flow chart
for the Annual Budget Process (Attachment A to Mr. Lisenbee’s memorandum submitted
as a document filed for this item); the Committee recommended adoption of the
proposed 2004-2005 City Budget Calendar.
(e) The Public Record
The
Committee noted and filed the Public Record.
(f) Appointment to Boards, Commissions and Committees
There
were none.
(g) Rules Committee Reviews, Recommendations and Approvals
There
were none.
(h) Oral communications
None
were presented.
(i) Adjournment
The
meeting adjourned at 2:25 p.m.
The Report of
the Rules Committee and the Actions of October 8, 2003 were accepted.
(f) Appointment to Boards, Commissions and Committees
(1) Request to waive Council Policy regarding appointment to Youth Commission
See Item 3.8 for Council action taken.
The Committee recommended an exception to Council Policy 0-4, Page
B1, which states, “…no City Staff Member or Council Assistant shall be appointed
to any City Board or Commission”, to allow reappointment of District 7 Youth
Commissioner, Erica Garcia, who is employed part-time as a LEARNS after-school
site coordinator.
Council Member
Campos, Chair
(a) Follow-up on Review of Effectiveness of Current City and Redevelopment Agency Community Outreach and Accessibility
The
Committee accepted the Staff report, and requested that Staff return with an
update on the Citywide Public Outreach Policy at the end of the fiscal year.
(b) IT Major Projects Update
The
Committee accepted the Staff report.
(c) Auditor’s Recommendations Follow-up report for Six Months Ended June 30, 2003
The
Committee accepted the Staff report.
(d) City Clerk One-Stop Shop follow-up report
The
Committee deferred this item to the November 12, 2003, Making Government Work
Better Committee.
(e) Comprehensive Annual Financial Report
See
Item 3.7 for Council action taken.
The
Committee accepted the Staff report.
(f) School Crossing Guard Program Audit Report
The
Committee accepted the Staff report, with the direction that the Auditor includes
an analysis of the current criteria for intersections qualifying for crossing
guards.
(g) Oral petitions
There
were none.
(h) Adjournment
The
meeting was adjourned at 5:10 p.m.
The Report of the Making Government
Work Better Committee, and the Actions of October 8, 2003 were accepted.
Recommendation: Adoption of a resolution calling for a Municipal Election to be held on March 2, 2004, for the purpose of electing a Council Member from Districts 2, 4, 6, 8, and 10, each for a full term beginning January 1, 2005 and ending December 31, 2008. (City Clerk)
Resolution
No. 71792 adopted.
Recommendation: Adoption of a resolution authorizing the City Manager to enter into exclusive negotiations for thirty (30) days with the proposed new manager for the Hayes Mansion, Dolce International Holdings, Inc. (“Dolce”) with the option to commence negotiations with Benchmark Hospitality in the event business terms are not reached with Dolce. CEQA: Not a Project. (City Manager’s Office/Finance/Economic Development)
(Deferred from 10/14/03 – Item 3.5)
Heard concurrently with 3.6.
Resolution No. 71793 adopted.
Noes: Reed.
Staff directed to:
(1)
Make incentives for retirement of the short term debt a focal
point of negotiations;
(2)
Incorporate an Environmentally Preferable Procurement Policy
(EPP) into the contract;
(3)
Ensure any draw downs on the revolving line of credit that have
been established, be reported by monthly statements to each Council Office in
order to monitor the status of the balance of the line of credit.
Heard concurrently
with 3.5. See Item 3.5 for Staff direction.
Recommendation:
(a) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement by and among the City, Hayes Renaissance, L.P. and Network Conference Company setting forth the terms of the transition of the operation and management of the Hayes Mansion Conference Center to a new operator.
Resolution No. 71794 adopted. Noes: Reed.
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute agreements related to the transition of the operation and management of the Hayes Conference Center:
(1) A line of credit agreement in an amount not to exceed $5 million and a term loan in an amount not to exceed $2 million with Comerica Bank-California.
(2) An agreement with Devcon Construction Incorporated to assume repayment of the principal of a loan made to Hayes Renaissance, L.P. in the amount of $1.2 million on a subordinated basis from Hayes Mansion Conference Center net revenues; and
(3) A temporary operating agreement with Hayes Renaissance, L.P. for the operation and management of the Hayes Mansion Conference Center until the new operator assumes management and at a cost not to exceed a monthly fee of $15,000.
Resolution No. 71795 adopted. Noes: Reed.
(c) Adoption of amendments to the 2003-2004 appropriation ordinance in the General Funds as follows:
(1) Establish a Hayes Mansion Conference Center Line of Credit Security Earmarked Reserve in the amount of $5,000,000; and
(2) Decrease the Worker’s Compensation/General Liability Catastrophic Earmarked Reserve in the amount of $5,000,000.
CEQA: Not a project. (City Manager’s Office/Finance/Economic Development
(Deferred from 10/14/03 – Item 3.6)
Ordinance
No. 26999 adopted. Noes: Reed.
Recommendation: Acceptance of the Comprehensive Annual Financial Report. (Finance)
[Making Government Work Better referral 10/8/03 – Item 3.3(e)]
Report
Accepted.
Recommendation: Adoption of a resolution excepting District 7 Youth Commissioner Erica Garcia from City Council policy #0-4(B).
[Rules Committee referral 10/15/03 – Item 3.2(f)(1)]
Resolution
No. 71796 adopted.
Council Member
Chavez, Chair
No
Report.
Council Member
Williams, Chair
No
Report.
Recommendation: Approval of a Disposition and Development Agreement (DDA) between the City of San José and Barry Swenson Builder (BSB), or its designated affiliate, for the development of the Sycamore Terrace Development, a 32-unit family development on 1.42 acres of City-owned property, located at the northeast corner of Almaden Expressway and Coleman Road. CEQA: Mitigated Negative Declaration, PDC 90-061. Council District 10. (Housing)
Approved.
Council Member
Yeager, Chair
(a) Youth Commission Report
The
Committee accepted the report.
(b) Presentation of the FY 03-04 Youth Commission Workplan
The
Committee accepted the report.
(c) Early Childcare Update on Integration of Quality Standards
The
Committee accepted the report.
(d) Oral petitions
There
were none.
(e) Adjournment
The
meeting was adjourned at 2:15 p.m.
The Report of the All Children Achieve
Committee and the Actions of October 9, 2003 were accepted.
Recommendation: Approval of the Fowler Creek Park Master Plan Update. CEQA: Resolution No. 63179, PP03-09-288. Council District 8. (Parks, Recreation & Neighborhood Services)
Approved.
Council Member
Cortese, Chair
(a) Expansion and Improvement of Transit and Transportation Systems
(1) Status Report on the Bay Area Rapid Transit (BART) Project
The Committee approved the report, with direction to provide a brief
update at the October 21, 2003 Council Meeting.
(b) Traffic Relief/Safe Streets
(1) No items
(c) Supporting Smart Growth
(1) Presentation on the cumulative Land Use/Transportation General Plan changes
The Committee accepted the report.
(d) Regional Relationships/Funding/Policy
(1) Update on State, Federal, and Local Legislative
The Committee accepted the report.
(2) Update on the Santa Clara Valley Transportation Agency (VTA), Valley Transportation Plan (VTP) 2030 Roadways
See Item 6.2 for Council action taken.
The Committee accepted the report, with direction to “cross reference”
this item for full Council action on October 21, 2003, and for the Council Members
to forward any additional comments to the Director of the Department of Transportation.
(e) Oral petitions
There
were none.
(f) Adjournment
The
meeting was adjourned at 3:05 p.m.
The Report of
the Building Better Transportation Committee and the Actions of October 6, 2003
were accepted.
Recommendation: Acceptance of staff’s report on the review of eligible Freeway, Expressways and Intelligent Transportation Systems (ITS) Projects for Valley Transportation Plan 2030. (Transportation)
[Building Better Transportation Committee referral 10/6/03 – Item 6.1(d)(2)]
Report
Accepted.
Recommendation:
(a) PUBLIC HEARING on the approval of a freeway agreement with the State of California.
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute the freeway agreement with the State of California’s Department of Transportation for the Route 880 at Coleman Avenue Interchange Project.
CEQA: Resolution No. 71448, PP03-02-071. Council District 3. (Transportation)
Heard in the evening.
Resolution No.
71799 adopted.
Recommendation: Approval of the fourth amendment to the Agreement for Engineering, Construction, and Construction Services by and between City of Santa Clara and the City of San José for implementation of portions of the South Bay Water Recycling Program, increasing the amount of compensation by $2,700,000, for a total agreement amount not to exceed $27,600,000, with an option to increase the agreement amount to $30,000,000 subject to appropriation of funds, for recycled water projects within the City of Santa Clara. CEQA: Resolution No. 64667 (PP# 91-04-090) and Addenda Numbers 6, 7, 9, and 10 adopted by the Santa Clara City Council. (Environmental Services)
Approved.
Recommendation:
(a) Adoption of an urgency ordinance amending Title 25 of the San José Municipal Code by adding a new Chapter 25.03 to amend and restate the curfew hours and aircraft restrictions provisions of the City Of San José Airport Noise Control Program, and adoption of an urgency ordinance amending Section 1.08.020 of Chapter 1.08 of Title 1 of the San José Municipal Code to designate violations of Chapter 25.03 as infractions.
Ordinance Nos. 27000 and 27001 adopted.
(b) Adoption of a resolution amending Resolution No. 57211 to amend and restate the curfew hours and aircraft restrictions provisions of the City Of San José Airport Noise Control Program.
(City Attorney’s Office)
Resolution No. 71797 adopted.
Staff directed to:
(1)
Re-assess the customer airport noise complaint feedback line in
order to make it more user friendly;
(2)
Report back in a year as to the overall effect of the new curfew;
(3)
Work with the new airlines interested in signing new contracts
with the City of San José, and ask if the airline would voluntarily comply with
the curfew hours from 11:30 p.m. to 6:30 am.
· Closed Session Report
None.
· Notice of City Engineer’s Pending Decision on Final Maps
In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps:
None.
In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:
|
Tract |
Location |
Council District |
Developer |
Lots/Units |
Type |
|
9481 |
N/S of Aborn Ave., E/S of Murillo Ave. |
8 |
Citation Homes |
15 units |
SFDR |
· Open Forum
(1) Katarina Dunmar asked how a citizen places
an item on the Council Agenda.
(2) Ross Signorino stated the City of San José
is the healthiest and greatest City in the United States.
(3) Xavier Campos thanked the Mayor and City Council for their support of San José Best.
The Council of the City of San José adjourned at 3:49 p.m.
(Heard by the City Council at 7:03 p.m.)
Recommendation: PUBLIC HEARING on approval of an ordinance amending Chapter 20.70 of Title 20 of the San José Municipal Code by modifying the provisions of the Downtown Zoning Regulations. CEQA: Resolution No. 65459, PP03-05-169. (Planning, Building, and Code Enforcement)
(Continued from 6/3/03 – Item 11.3 et al., and 9/30/03 – Item 11.1)
Continued to 11/18/03.
Recommendation: PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to deny a Conditional Use Permit and ABC Exception for a project located on the east side of North Capitol Avenue, approximately 1,200 feet northerly of McKee Road, on a 8.39 gross acre site in the CG Commercial Zoning District. The proposed project is the off-sale of alcohol at an existing Target Retail Store. (Target Corporation, Owner/Developer). CEQA: Exempt. Director of Planning, Building and Code Enforcement recommends overturning the decision of the Planning Commission to deny.
CP 03-002 & ABC 03-002 - District 5
(Continued from 6/17/03 – Item 11.2 and 8/19/03 – Item 11.2)
Appeal
Denied. Resolution No. 71800 adopted.
Staff directed to look into the issue of additional noticing and additional public involvement to address the basic question of the State of California Alcohol Beverage Control (ABC) process on Conditional Use Permits (CUP) involving public convenience and necessity, for future CUP applications.
Recommendation: PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to approve, with standard and special conditions, a Conditional Use Permit to allow an addition to an existing public utility facility (San José Water Company) located on the northwest corner of San Tomas Expressway and Williams Road in the R-1-8 Residence Zoning District on a 17 acre site. The proposed addition consists of two settling ponds and three storage bins for temporary storage of excavated soil, asphalt, concrete, and base rock. (San José Water Company, Owner/Developer). CEQA: Exempt, CP03-009. Director of Planning, Building and Code Enforcement recommends upholding the decision of the Planning Commission to approve.
CP 03-009 - District 1
(Continued from 6/17/03 – Item 11.3 et al., and 9/30/03 – Item 11.2)
Continued to 11/04/03.
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northwest corner of Hillsdale Avenue and Almaden Expressway (1175 Hillsdale Avenue), from CO Commercial Office and R-1-8 Residence Zoning Districts to A(PD) Planned Development Zoning District to allow (1) renovation of an existing two-story, 12, 250 square foot classroom building for private instruction and dormitory uses for approximately 75 students at an existing church, (2) replacement of an existing 176 space surface parking lot at the corner of Foxworthy Avenue and Almaden Expressway with a ball field and a 1,200 square foot modular building (no on-site outdoor lighting or PA system), and (3) addition of new landscaped areas and other minor site plan changes on a 10.4 acre site. (Calvary Chapel of San José, Owner/ Developer). CEQA: Exempt. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 03-027 - District 9
(Continued from 9/16/03 – Item 11.5)
Continued to 11/4/03.
Recommendation: PUBLIC HEARING ON CONFORMING PREZONING of the property located at the east side of Wabash Avenue, approximately 80 feet northerly of Olive Street (105 Wabash Avenue), from County to R-1-8 Residential Zoning District to allow residential uses on a 0.13 gross acre site. (Joe Y Na, Owner). CEQA: Exempt. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0). SNI: Burbank/Del Monte.
C 03-065 - District 6
Ordinance
No. 27002 was passed for publication.
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Bird Avenue, approximately 490 feet northeasterly of Snyder Avenue (1023 Bird Avenue), from R-1-8 Residence Zoning District to A(PD) Planned Development Zoning District, to allow a 530 square foot, half-story living area in an existing accessory structure in conjunction with an existing single-family residence on a 0.15 gross acre site. (Stanley M. Davis et al. Owner/Developer). CEQA: Exempt.
PDC 03-060 - District 6
Continued to 11/18/03.
Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the northwest corner of East Capitol Expressway and McLaughlin Avenue (1025 E. Capitol Expressway), from A(PD) Planned Development Zoning District to CN Neighborhood Commercial Zoning District, to allow commercial uses on a 15.47 gross acre site. Kenneth T. Namimatsu et al., Owner). CEQA: Resolution No. 65459, C03-074. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C 03-074 - District 7
Ordinance
No. 27003 was passed for publication.
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of East Virginia Street and South 5th Street (250 E. Virginia Street), from LI Light Industrial Zoning District to A(PD) Planned Development Zoning District to allow up to 170 single-family attached residences with underground parking on a 3.9 gross acre site. (250 E. Virginia, LLC, Owner). CEQA: Mitigated Negative Declaration. SNI: Spartan/Keyes.
PDC 03-022- District 3
Continued to 11/04/03.
Recommendation: PUBLIC HEARING ON DIRECTOR-INITIATED CONVENTIONAL REZONING of the property located within the area generally bounded 4th Street, Interstate 280, State Route 87 (Guadalupe Parkway), and Bassett Street, from CG General Commercial, R-M Multiple Residence, R-2 Two-Family Residence, LI Light Industrial Districts to DC Downtown Commercial District and DC-NT 1 Downtown Commercial-Neighborhood Transition 1 Districts, to allow mixed use, commercial, and residential uses on approximately 389 gross acres. CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2). (Planning, Building, and Code Enforcement)
C 03-072 - District 3
Continued to 11/18/03.
Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the south side of Taylor Street, approximately 70 feet westerly of Myrtle Street (1022 W. Taylor Street), from R-2 Two-Family Residence District to CO Office Commercial Zoning District, to allow commercial uses on a 0.11 gross acre site. (Evelyn Sineneng Smith, Owner). CEQA: Resolution No. 65459, C03-077. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C 03-077 - District 6
Ordinance
No. 27004 was passed for publication.
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT PREZONING of the property located at the east side of Ruby Avenue, approximately 250 feet northerly of Murillo Avenue (2486 Ruby Avenue), from County to A(PD) Planned Development Zoning District, to allow up to 27,900 square feet of church/community center use on a 2.09 gross acre site. (Sout