NOTE: To arrange an accommodation under the Americans with Disabilities Act to participate in this public meeting, we ask that you call (408) 277-4576 (VOICE) or (408) 998-5299 (TTY) at least two business days before the meeting. If you requested such an accommodation and have not already identified yourself to the technician seated at the staff table, please do so now. If you did not call in advance and do now need assistance, please see the technician.

Notice to the Public

If you want to address the Commission, fill out a card (located on the table as you come in or at the technician's station), and give the completed card to the technician. Please include the agenda item number for reference.

The procedure for this hearing is as follows:

• After the staff report, applicants and appellants may make a 5-minute presentation.

• The chair will call out names on the submitted speaker cards in the order received.

• As your name is called, line up in front of the microphone at the front of the Chamber.  Each speaker will have two minutes.

• After the public testimony, the applicant and appellant may make closing remarks for an additional five minutes.

• Planning Commissioners may ask questions of the speakers.  These questions will not reduce the speaker's time allowance.

The public hearing will then be closed and the Planning Commission will take action on the item.  The Planning Commission may request staff to respond to the public testimony, ask staff questions, and discuss the item.

If you challenge these land use decisions in court, you may be limited to raising only those issues you or someone else raised at this public hearing or in written correspondence delivered to the City at, or prior to, the public hearing.

The Planning Commission's action on rezonings, prezonings, and Code Amendments is advisory only to the City Council. The City Council will hold public hearings on these items. Section 20.120.400 of the Municipal Code provides the procedures for legal protests to the City Council on rezonings and prezonings.

Note: If you have any agenda changes, please contact Linda LaCount linda.lacount@sanjoseca.gov

6:00 p.m. Meeting

1. ROLL CALL

ALL WERE PRESENT, EXCEPT JAMES.

2. DEFERRALS

Any item scheduled for hearing this evening for which deferral is being requested will be taken out of order to be heard first on the matter of deferral. A list of Staff-recommended deferrals is available on the Press Table. If you want to change any of the deferral dates recommended, or speak to the question of deferring these or any other items, you should say so at this time.

1. PDC03-031.  Planned Development Rezoning from R-M Multiple Residence District to A (PD) Planned Development Zoning District to allow up to 4 detached and 2 attached single-family residences on a 0.46 gross-acre site, located on the northeast corner of Vera Lane and Azucar Avenue (Kawadri Mazen M Trustee & et al, Owner/Developer).  Council District 2.  SNI:  Edenvale/Great Oaks.  CEQA:  Mitigated Negative Declaration.  Deferred from 2-11-04.

   DEFERRED TO 3-10-04.

2. RCP04-005.  CONDITIONAL USE PERMIT to allow live concerts on a vacant at-grade parking lot (up to 22 events per year) between the hours of 5:00p.m. and 10:30p.m. on Thursday through Sunday,  on a 0.28-acre site in the CG Commercial General Zoning District, located at 401 South First Street and 402 South Market Street. (Bertram Burns, Owner/ Jacek Rosicki, Applicant).  Council District: 3.  CEQA: Resolution No. 68839

   DEFERRED TO 3-10-04.

3. RCP04-006.  CONDITIONAL USE PERMIT to allow 24 hour operations, daily, at an existing eating and drinking establishment with live entertainment (Palermo) on a 0.35-acre site in the CG Commercial General Zoning District, located at 394 South Second Street (Diane and Renato Cusimano, Owner/Applicant).   Council District: 3.  CEQA: Resolution No. 68839

   DEFERRED TO 3-10-04.

4. RCP04-033.  CONDITIONAL USE PERMIT to allow a change to the current Permit to a drinking establishment with live entertainment, pool tables, and after-midnight use till 2:00 a.m. on a 0.10-acre site in the CP Commercial General Zoning District located on the west side of South First Street at Zoe/Back Bar Nightclub (417 South First Street) (Jacek Rosicki, Owner).  Council District: 3.  CEQA: Resolution No. 68839.  Deferred from 1-14-04 and continued from 1-28-04.

   DEFERRED TO 3-10-04.

5. The projects being considered are located on the north side of Forest Avenue approximately 120 feet easterly of Winchester Boulevard (2467 Forest Avenue), in the CG Commercial General Zoning District (Paula Shulman Trustee & el al, Owner).  Council District: 6.  CEQA: Exempt.  Deferred from 2-11-04. 

   1. CP03-073. CONDITIONAL USE PERMIT to allow off-sale of alcoholic beverages at a new mini-mart and associated tenant improvements on a 0.36 gross acre site.

   2. ABC04-001. LIQUOR LICENSE EXCEPTION permit to allow the off-sale of alcoholic beverages at a retail store on a 0.36 gross-acre site.

   DEFERRED TO 3-10-04.

3. CONSENT CALENDAR

Notice to Public: The consent calendar items are considered to be routine and will be adopted by one motion. There will be no separate discussion of these items unless a request is made by a member of the Planning Commission, staff or the public to have an item removed from the consent calendar and considered separately. If anyone in the audience wishes to speak on one of these items, please come to the podium at this time.

1. CPA03-022-01.  CONDITIONAL USE PERMIT AMENDMENT to allow modifications to a previously approved wireless communications facility and the addition of a 94 hp diesel back-up generator and associated equipment shelter of 480 square feet  on a 10.5 gross-acre site in the R-1-8 Single-Family Residence Zoning District, located at/on southwest terminus of McLaughlin Avenue and Carnelian Drive (1523 McLaughlin Avenue) (San Jose Christian Community Church, Owner; Verizon Wireless Jim Graham, Developer).  Council District 7.  SNI:  Tully/Senter.  CEQA:  Exempt.

   APPROVED (6-0-1; JAMES ABSENT).

2. CPA99-016-01.  CONDITIONAL USE PERMIT AMENDMENT to allow the addition of a 2,809 square-foot canopy over a deck at an existing church on a 1.23 gross acre site in the R-M Multiple Residence Zoning District, located at/on north side of Pedro Street approximately 130 feet westerly of Lincoln Avenue (Croatian Catholic Church, Owner).  Council District 6.  SNI:  None.  CEQA:  Exempt..  

   APPROVED (6-0-1; JAMES ABSENT).

3. The projects being considered are located on the east side of Monterey Road approximately 250 feet southerly of Roeder Road (5272 Monterey Road), in the CN Neighborhood Commercial Zoning District (Edenvale #1 Properties, Owner).  Council District 2.  SNI:  Edenvale/Great Oaks.  CEQA:  Exempt.
   
1.  CP03-070.  CONDITIONAL USE PERMIT to allow the off-sale of alcoholic beverages at a liquor store previously located within the same retail shopping center.

2.  ABC03-011.  LIQUOR LICENSE EXCEPTION PERMIT to allow the off-sale of alcoholic beverages at a liquor store previously located within the same retail shopping center.

APPROVED (6-0-1; JAMES ABSENT). APPROVED (6-0-1; JAMES ABSENT).  PULLED FROM CONSENT BY COMMISSIONER CAMPOS, WHO INDICATED A CONCERN WITH APPROVAL OF A LIQUOR STORE IN THIS LOWER INCOME NEIGHBORHOOD WHERE SITE MAINTENANCE HAS BEEN AN ISSUE.  COMMISSIONER DHILLON NOTED THE LIQUOR STORE HAS BEEN LONG TERM TENANT IN SHOPPING CENTER AND IS MOVING TO FACILITATE UPGRADE OF CENTER AND ACCOMMODATE NEW TENANT, AND SHOULD NOT BE PENALIZED.  APPLICANT CLARIFIED STORE ON SITE SINCE 1965, AND THAT EFFORTS TO REVITALIZE CENTER HAD BEEN UNDERWAY FOR 8 YEARS, WAITING FOR OPPORTUNITY AND FOR RDA FUNDING TO BE AVAILABLE.  COMMISSIONER ZAMORA CONCURRED WITH COMMISSIONER CAMPOS THAT ALCOHOL AND THE EFFECTS ON YOUTH IS SERIOUS ISSUE, BUT THAT THIS OWNER HAS BEEN ON SITE FOR YEARS, AND OTHER LIQUOR STORES HAVE SUBSEQUENTLY DEVELOPED NEARBY.  THE APPLICANT AND STAFF CLARIFIED THAT EFFORTS TO IMPROVE THE CENTER HAD BEEN DELAYED FOR COMPLETION OF ON-SITE CHURCH RENOVATIONS, AND FOR COORDINATION BY FIVE INVOLVED PROPERTY OWNERS.  COMMISSIONER CAMPOS MADE THE MOTION FOR DENIAL, WHICH FAILED FOR LACK OF A SECOND.  ON APPROVAL, COMMISSIONERS URGED MANAGER TO OPERATE STORE WITH CAUTION AND TO BE AWARE OF YOUTH GANG ISSUES.

4. RCP04-001.  CONDITIONAL USE PERMIT at an existing drinking and entertainment establishment (Waves), to remove a condition of approval that prohibits the business from collecting a cover charge for entrance to the premises, at an existing commercial building on a 0.05-acre site in the CG Commercial General Zoning District, located at 65 Post Street. (Joel Wyrick, Owner/Applicant).  Council District: 3.  CEQA: Resolution No. 68839.

   APPROVED (6-0-1; JAMES ABSENT).

5. PDC03-055.  Planned Development Rezoning from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District to allow up to six residential units (four single-family detached courthome units and two apartments) on a 0.4-acre site located on the east side of Cypress Avenue approximately 70 feet northerly of Adra Avenue (432 South Cypress Avenue). E & H Third Family Partnership, owner/developer. Council District: 1. SNI: None. CEQA: Negative Declaration.

   RECOMMEND APPROVAL (6-0-1; JAMES ABSENT).

6. PDC03-063.  PLANNED DEVELOPMENT REZONING from R-1-8 Residence District to A(PD) Planned Development Zoning District to allow up to four single-family attached-residential units on a 0.2-acre site, located at/on the east side of Boynton Avenue approximately 150 feet northerly of Underwood Drive (912 Boynton Avenue) (Ku & Sophia Hammond, Owners).  Council District 1.  SNI:  Blackford.  CEQA:  Exempt.

   RECOMMEND APPROVAL (6-0-1; JAMES ABSENT).  PULLED FROM CONSENT BY RESIDENTS OF ADJACENT PROJECT WITH CONCERNS REGARDING PROJECT IMPACTS TO PRIVACY, PARKING, NOISE AND SETBACKS.  STAFF AND THE APPLICANT  CLARIFIED SIGNIFICANT TREES TO REMAIN, AND NOTED ORDINAANCE-SIZED TREE TO BE REMOVED NOT AT FRONT OF PROPERTY.  STAFF CLARIFIED PROJECT MEETS DESIGN GUIDELINES, AND PARKING STANDARDS, AND THAT REAR SETBACK FOR 2ND STORY WOULD BE 10 FEET, WITH LOWER STORY AT 5 FEET.  COMMISSIONER ZITO NOTED ITALIAN CYPRESS COULD BE A WORKABLE TREE SPECIES TO BE CONSIDERED AT THE PD PERMIT STAGE, AND COMMENTED THAT PROPOSED PROJECT OF SAME TYPE AND DENSITY AS ADJACENT PROJECT AND MEETS CITY GUIDELINES.  COMMISSIONERS ZITO AND LEVY RECOMMENDED THE RESIDENTS OF THE ADJACENT PROJECT STAY INVOLVED AT THE PD PERMIT STAGE TO MAXIMIZE NEW BUILDING SETBACKS AND TO DESIGN APPROPRIATE PLANTINGS TO BUFFER BETWEEN TWO DEVELOPMENTS.

7. PDC02-057.  PLANNED DEVELOPMENT REZONING from CN Neighborhood Commercial District to A(PD) Planned Development District to allow 10 single-family attached residences on a 0.47 gross-acre site located at/on the northwest corner of Almaden Avenue and West Virginia Street (777 Almaden Avenue) (David D & Cathy C Tsang, Lucia Wu, Owners).  Council District 3.  SNI:  Washington.  CEQA:  Mitigated Negative Declaration.

   RECOMMEND APPROVAL (6-0-1; JAMES ABSENT).

 The following items are considered individually.

4.   PUBLIC HEARINGS

1. The item being considered is located between the Union Pacific Railroad tracks, Market Street, Julian Street, and Highway 87 on a 9-acre site (Brandenburg Staedler & Moore, Owners; Redevelopment Agency, Applicant).  Continued from 2-9-04.

   GP03-03-01a/GPT03-03-01a/GP03-03-01b.  FINAL ENVIRONMENTAL IMPACT REPORT for the Mixed use Project/North San Pedro Housing sites General Plan amendment to change the Land Use/Transportation Diagram from General Commercial on 6.2 acres, Combined Industrial/Commercial on 1 acre, and Residential Support for the Core Area (25+ dwelling units per acre (DU/AC) on 1.8 acres to Core Area, a General Plan text amendment to redefine the Downtown Core and Downtown Frame Area boundaries, and a General Plan Transportation Diagram amendment to realign Julian Street between Market and Saint James Streets.  SNI:  None.  Council District:  3.  Continued from 2-9-04.

   CERTIFIED EIR (5-0-1-1; JAMES ABSENT, CAMPOS ABSTAINED). IN RESPONSE TO PUBLIC TESTIMONY REGARDING LACK OF PARKLAND AND RETAIL SQUARE FOOTAGE, COMMISSIONERS LEVY AND ZITO REQUESTED CLARIFICATION REGARDING FUTURE PARK DEVELOPMENT AND HOW PARK DEFICIT WOULD BE MITIGATED.  STAFF AND THE ENVIRONMENTAL CONSULTANT CLARIFIED THAT RESOLUTION OF PARKLAND DEVELOPMENT OCCURS IN RESPONSE TO ACTUAL DEVELOPMENT PROPOSALS.

2. PDC03-068. PLANNED DEVELOPMENT REZONING from HI Heavy Industrial Zoning District to A(PD) Planned Development Zoning District to allow up to 107 single-family detached residences on a 13.7 gross-acre site located on the southwest corner of Oakland Road and Rock Avenue (1803 Oakland Road) (Orchard Property LLC, Owner; Summerhill Homes, Developer). Council District: 4. CEQA: Resolution No. 04-017.  Continued from 2-9-04.  

   RECOMMEND APPROVAL OF APPLICANT'S PROPOSAL (4-2-1; ZITO, LEVY OPPOSED; JAMES ABSENT).  COMMISSION DISCUSSION FOCUSED ON PROVISION OF PARKLAND FOR PROPOSED SINGLE-FAMILY DETACHED DEVELOPMENT.  THE APPLICANT REITERATED INTEREST IN WORKING TO IMPROVE ORCHARD SCHOOL SITE FOR NEIGHBORHOOD PARK, AND THE PARKS DEPARTMENT STAFF CLARIFIED PARKLAND DEDICATION ORDINANCE WOULD ALLOW FEES TO BE USED.  COMMISSIONERS LEVY AND ZITO EXPRESSED CONCERN THAT SCHOOL SITE PARK COULD HAVE RESTRICTED PUBLIC ACCESS DURING SCHOOL HOURS, THAT OPPORTUNITY FOR PARKLAND DEDICATION SHOULD NOT BE MISSED, THAT AN ON-SITE PARK LOCATION WOULD BETTER FACILITATE PARK EXPANSION FOR SUBSEQUENT RESIDENTIAL DEVELOPMENT AND THAT A PARK ON THE SCHOOL SITE WOULD BE SEPARATED FROM THE PROJECT BY THE FOUR-LANE CHARCOT EXTENSION.  COMMISSIONERS ZAMORA, CAMPOS AND DHILLON EXPRESSED SUPPORT FOR THE CITY WORKING TOGETHER WITH SCHOOL DISTRICTS FOR PARKS, AND CONCERN THAT AN ON SITE PARK LOCATION WOULD REDUCE THE NUMBER OF UNITS POSSIBLE ON THE SITE.  PLANNING STAFF CLARIFIED THAT A VARIETY OF HOUSING TYPES THAT COULD YIELD ADDITIONAL UNITS WOULD CONFORM TO THE MEDIUM DENSITY RESIDENTIAL (8-16 DU/AC) GENERAL PLAN DESIGNATION RECOMMENDED FOR THE SITE, AND THAT SMALL LOT SINGLE-FAMILY WAS A MARKETING DECISION BY THE APPLICANT.  .

3. CPA01-057-01. CONDITIONAL USE PERMIT AMENDMENT  to remove a condition of approval from a previously approved Conditional Use Permit for a proposed gasoline service station/car wash facility.  The subject condition of approval would require the dedication of an easement for public access over a part of the property that currently extends across a portion of Saratoga Avenue.  The project location is on a 0.7-acre site in the CG Commercial General  Zoning District, located at the southwest corner of Saratoga Avenue and Campbell Avenue (1704 Saratoga Avenue) (Cloyd and JoAnn Smith, Owners; Chevron USA, Applicant). Council District 1. SNI: None. CEQA: Exempt.  Deferred from 2-11-04.

   APPROVED (6-0-1; JAMES ABSENT).  CONTINUED TO 3-10-04 FOR PREPARATION OF THE RESOLUTION.  STAFF EXPLAINED THAT AS A RESULT OF LAST MINUTE NEGOTIATING BETWEEN APPLICANT, PUBLIC WORKS AND PLANNING STAFF, AN AGREEMENT WAS REACHED ON ACCEPTABLE LANGUAGE FOR THE SUBJECT CONDITION.  STAFF THEREFORE RECOMMEND TO APPROVAL AT THE HEARING.