SUBJECT: PDC02-087. PLANNED DEVELOPMENT REZONING FROM A(PD) AND CP COMMERCIAL PEDESTRIAN TO A(PD) TO ALLOW UP TO 20 SINGLE FAMILY ATTACHED RESIDENTIAL UNITS ON A 1.38 GROSS ACRE SITE LOCATED ON THE SOUTH SIDE OF WEST VIRIGINA STREET APPROXIMATELY 200 FEET WESTERLY OF BIRD AVENUE

COUNCIL DISTRICT: 6

SNI: Greater Gardner

RECOMMENDATION

The Planning Commission voted 6-0-1 (Zito absent) to recommend that the City Council approve the subject rezoning.

BACKGROUND

On March 12, 2003, the Planning Commission held a public hearing to consider a Planned Development from A(PD) Planned Development and CP Commercial Pedestrian to A(PD) Planned Development to allow up to 20 single-family attached residential units.

The Director of Planning, Building and Code Enforcement recommended approval of the proposed .

The Planning Commission then closed the public hearing. This item was considered as a consent calendar item.

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.

COORDINATION

As standard procedure in the development review process, this project was coordinated with the Department of Public Works, Fire Department, Police Department, Environmental Services Department and the City Attorney.

CEQA

A Mitigated Negative Declaration was prepared for this project. The Negative Declaration found that the proposed rezoning would not result in a significant environmental impact. A Phase I Environmental Report, Supplemental Soil and Water Investigation, an Archaeological Report, and Noise and Vibration Reports were prepared as a part of the Initial Study. Mitigation has been incorporated into the project to reduce the impacts to a less than significant level.

STEPHEN M. HAASE

Secretary, Planning Commission

c: Greg Blackwell, Balckwell Brothers, 715 North First Street, #300, San Jose, CA 95112

Lawrence A. Silva and Daryla D. Silva, 1424 Kiner Avenue, San Jose, CA 95125

Donald and Ana Silva, 2610 Boblink Drive, San Jose, CA 95125

John Moniz, HMH Inc., 1570 Oakland Road, #200, San Jose, CA 95131

Mannina Family 1988 Living Trus, 510 N. First St., #110, San Jose, CA 95112

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