NOTE: To arrange an accommodation under the Americans with Disabilities Act to participate in this public meeting, we ask that you call (408) 535-3555 (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 ZITO.

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. CP03-054. CONDITIONAL USE PERMIT to legalize a 390 square-foot unpermitted addition (and to add 289.6 additional square feet) to the rear of an existing single-room-occupancy living unit on a 0.16 gross acre site in the CG General Commercial Zoning District, located at/on west side of North 6th Street approximately 170 feet southeasterly of East St. John Street (73 N. 6th Street) (Keith Alan Watt, Trustee/Owner). Council District 3. SNI: Horace Mann. CEQA: Exempt.

   DROPPED.

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. 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.

   CONTINUED TO 3-24-04.  PULLED FROM CONSENT BY COMMISSIONER ZAMORA BECAUSE OF CONCERN ABOUT OUTDOOR CONCERTS ON PARKING LOT IN THE DOWNTOWN, AND SALE OF ALCOHOL AT THE VENUE.

   COMMISSIONER LEVY EXPRESSED CONCERN ABOUT WHETHER NOISE LEVEL WOULD BE HIGH UNTIL 12:30 AM WITH A TWO-HOUR CLEAN-UP PERIOD, SUGGESTING 10 PM LIMIT FOR CONCERT.

   THE APPLICANT RESPONDED THAT CLEAN-UP/BREAKDOWN DOES NOT TAKE FULL 2 HOURS, SWEEPING OCCURS WITH BROOMS ONLY, AND THAT AREA BUSINESSES ENCOURAGED PROJECT TO RETURN THIS YEAR TO DRAW PEOPLE INTO THE SoFA DISTRICT TO IMPROVE BUSINESS.

   CHAIR JAMES NOTED LAST YEAR'S EVENT HAD GOOD TRACK RECORD WITH 6-8 PRIVATE SECURITY OFFICERS ON SITE AND ON COMPLAINTS.

   COMMISSIONER CAMPOS EXPRESSED CONCERN THAT RESIDENTS OR THOSE WISHING TO PURCHASE HOUSING IN DOWNTOWN MIGHT BE CONCERNED ABOUT OUTDOOR CONCERTS.  COMMISSIONER JAMES NOTED SUPPORT BY DOWNTOWN ASSOCIATION, AND THAT PROXIMATE HOTEL WAS SUPPORTIVE, AS WELL AS CLOSEST NEIGHBORHOOD ASSOCIATION.  THE DEPUTY DIRECTOR OF PLANNING NOTED THAT SANTANA ROW HAS MULTIPLE EVENTS RUNNING OUTDOORS SEVERAL DAYS A WEEK WITH RESIDENTIAL UNITS ABOVE, AND THAT SOME RESIDENTS DESIRE NOISE/MUSIC AND ACTIVITY, AND A MORE URBAN AMBIANCE.

   COMMISSIONER PLATTEN REQUESTED CLARIFICATION ABOUT THE 5-YEAR TIME REQUEST.  STAFF COMMENTED 5-YEARS SUPPORTED DUE TO GOOD RECORD OF INITIAL TRIAL LAST YEAR.

   COMMISSIONER JAMES INDICATED HE WOULD NOT SUPPORT DENIAL SINCE EVENT HAS A GOOD TRACK RECORD, AND HAS SUPPORT OF NEIGHBORHOOD.

   THE MOTION TO DENY FAILED (3-3-1; COMMISSIONERS LEVY, JAMES AND PLATTEN OPPOSED).  COMMISSIONERS LEVY AND JAMES SUGGEST 1 YEAR COMPLIANCE REVIEW TO ALLOW PROJECT TO GO FORWARD.  A MOTION TO APPROVE FAILED (3-3-1; COMMISSIONERS ZAMORA, CAMPOS AND DHILLON OPPOSED).  THE ITEM WAS CONTINUED TO ALLOW ALL 7 COMMISSIONERS A VOTE AT NEXT HEARING.

2. PDC03-090. PLANNED DEVELOPMENT REZONING from R-2 Two-Family Residence Zoning District and CG Commercial General Zoning District to A(PD) Planned Development Zoning District to allow a radio station use on a 0.33 gross-acre site, located on the north side of Alum Rock Avenue approximately 200 feet southwesterly of 34th Street (1629 Alum Rock Avenue) (Dolores and Batista Vieira, Owners). Council District 5. SNI: Five Wounds/Brookwood Terrace. CEQA: Exempt.

   DEFERRED TO 3-24-04.

3. CP03-043. CONDITIONAL USE PERMIT to allow construction of 2,250 square-feet of office building; reconfiguration of parking spaces; and a 5,000 square-foot expansion of the burial area at an existing cemetery on a 27.37 gross-acre site in the R-1-8 Single-Family Residence Zoning District, located at/on northwest corner of Alum Rock Avenue and Capitol Avenue (2655 Madden Avenue) (Roman Catholic Bishop Of San Jose, Owner). Council District 5. SNI: None. CEQA: Exempt.

   DEFERRED TO 4-28-04.

4. CPA01-057-01. RESOLUTION FOR A 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 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. Continued from 2-25-04 for preparation of the resolution.

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

5. PDC03-088. PLANNED DEVELOPMENT REZONING from A-Agriculture Zoning District to A(PD) Planned Development Zoning District to allow up to seven (7) single-family detached-residential units on a 0.44 gross-acre site, located on the north side of Blossom Hill Road, opposite terminus of Croydon Avenue (12385 Blossom Hill Road) (San Jose Conservation Corps/Ken Fuller, Owner). Council District 9. SNI: None. CEQA: Exempt.

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

6. TR03-086. APPEAL OF THE PLANNING DIRECTOR’S DECISION TO DENY A TREE REMOVAL PERMIT to remove one (1) Deodor Cedar tree 81 inches in circumference on a 0.15 gross-acre site, in the R-1-8(PD) Planned Development Zoning District, located at 2502 Tolworth Drive (Earl Edwards, Owner). Council District 6. SNI: None. CEQA: Exempt.

   UPHELD APPEAL AND APPROVED TREE REMOVAL PERMIT (6-0-1; ZITO ABSENT).

 The following items are considered individually.

4.   PUBLIC HEARINGS

1. 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 4-14-04.

2. RCP03-033. 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 2:00am on a 0.10-acre site in the CG 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.

   APPROVED (6-0-1; ZITO ABSENT).  COMMISSIONER LEVY COMMENDED APPLICANT FOR WORK WITH NEIGHBORHOOD TO ADD CONDITIONS FOR 10:30 PM TIME LIMIT AND 1 YEAR COMPLIANCE REVIEW TO REVIEW NEIGHBORHOODS SATISFACTION WITH OPERATION.

3. 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.

   RECOMMEND APPROVAL (6-0-1; ZITO ABSENT).  COMMISSIONERS DHILLON, CAMPOS AND LEVY COMMENDED APPLICANT FOR CLEAN-UP OF EMPTY LOT.  APPLICANT NOTED RESIDENTS OF THE EDENVALE/ GREAT OAKS SNI AREA WERE ANXIOUS TO CLEAN UP THE SITE.

   NEIGHBORHOOD RESIDENT EXPRESSED CONCERN THAT AFTER REQUEST FOR FEWER UNITS OCCURRED, NO ADDITIONAL COMMUNITY MEETING OCCURRED.  APPLICANT NOTED PROJECT WAS REDUCED FROM 10 TO 6 UNITS TO BETTER FIT NEIGHBORHOOD.  IN RESPONSE TO CONCERN BY COMMISSIONER LEVY, STAFF CONFIRMED DESIGN GUIDELINES INCLUDE 4-FOOT SIDE-YARDS FOR THIS TYPE OF SMALL LOT DEVELOPMENT.

4. The projects being considered are located on north side of Forest Avenue approximately 120 feet easterly of Winchester Boulevard (2467 Forest Avenue), in the CG General Commercial Zoning District (Paula Shulman Trustee & et al, Owner). Council District 6. SNI: None. 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.

   DENIED (6-0-1; ZITO ABSENT).  COMMISSIONERS COMMENTED THAT A COMMUNITY MEETING PROVIDED OPPORTUNITY TO GET COMMUNITY FEEDBACK.  STAFF NOTED THAT APPLICANT HAD PROPOSED SITE IMPROVEMENTS TO ADDRESS INCOMPATIBILITY, BUT THEY WERE NOT SUFFICIENT.  COMMISSIONER CAMPOS COMPLIMENTED NEIGHBORHOOD GROUP FOR SPEAKING UP AND STAFF FOR RESPONDING TO NEIGHBORHOOD IN MAKING A RECOMMENDATION.

   COMMISSIONERS ZAMORA AND DHILLON INDICATED SUPPORT FOR CONVENIENCE MARKETS AND SUGGESTED APPLICANT COULD RETURN TO SHOW NEED FOR CONVENIENCE ALCOHOL SALES AFTER MARKET OPERATION IS UNDERWAY.

5. PETITIONS AND COMMUNICATIONS  

1. Public comments to the Planning Commission on nonagendized items. Please fill out a speaker's card and give it to the technician. Each member of the public may address the Commission for up to three minutes. The commission cannot take any formal action without the item being properly noticed and placed on an agenda. In response to public comment, the Planning Commission is limited to the following options:

        1.  Responding to statements made or questions posed by members of the public; or

        2.  Requesting staff to report back on a matter at a subsequent meeting; or

        3.  Directing staff to place the item on a future agenda.

NO COMMENTS.

6. REFERRALS FROM CITY COUNCIL, BOARDS, COMMISSIONS OR OTHER AGENCIES

1. Proposal for Conservation Area procedures in Title 13.48. Council District: Citywide. CEQA: Exempt, PP04-02-054.

   RECOMMEND APPROVAL (6-0-1; ZITO ABSENT) TO CITY COUNCIL OF AN ORDINANCE AMENDING PART 2, CHAPTER 13.48 OF THE TITLE 13 SAN JOSE MUNICIPAL CODE TO PROVIDE FOR CONSERVATION AREA PROCEDURES.  

   RSP03-004.  SPECIAL USE PERMIT DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (DSEIR) TO ALLOW DEMOLITION OF THE W.G. JONES RESIDENCE, A STRUCTURE LISTED ON THE CSJ HISTORIC RESOURCES INVENTORY AS A STRUCTURE OF MERIT, FORMERLY LOCATED AT 126 VIOLA AVENUE, CURRENTLY LOCATED AT THE NORTHWEST CORNER OF ALMADEN BOULEVARD AND WOZ WAY.  COUNCIL DISTRICT 3.  DISTRIBUTED 3-4-04.

7. GOOD AND WELFARE

1. Report from City Council

 DEPUTY DIRECTOR EXPLAINED SUPPLEMENTAL EIR FOR CIVIC CENTER GARAGE WOULD BE FORTHCOMING TO RESPOND TO COURT RULING.

2. Commissioners' reports from Committees:

• Norman Y. Mineta San Jose International Airport Curfew Monitoring Committee (Dhillon and James).

  NO MEETING.

• Coyote Valley Specific Plan (Platten)

SATURDAY, MARCH 13 COYOTE COMMUNITY MEETING SCHEDULED.

3. Review of synopsis.

NO CHANGE TO SYNOPSIS.  RECOMMENDATION TO SCHEDULE A STUDY SESSION ON 4-28-04 FOR CONTINUOUS IMPROVEMENT OF COMMISSION PUBLIC HEARINGS

8. ADJOURNMENT