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 CAMPOS AND 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. PDC03-090. 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 from 3-10-04 .

   DEFERRED TO 4-14-04.

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. CP03-054. Conditional Use Permit to add approximately 520 square feet (consisting of two new bedrooms and storage area) 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 ST) (Watt Keith Alan Trustee, Owner). Council District 3. SNI: 13th Street. CEQA: Exempt.

   APPROVED WITH CONDITIONS (5-0-2; JAMES AND CAMPOS ABSENT).  COMMISSIONER ZITO ASKED STAFF FOR CLARIFICATION ON WHAT WAS INCLUDED IN THE ADDITION.  STAFF INDICATED THAT THE ADDITION WOULD INCLUDE A BATHROOM, STAIRWELL AND EXPANSION OF TWO EXISTING ROOMS TO MEET THE SQUARE FOOTAGE REQUIREMENT FOR A SRO LIVING UNIT (150 SQUARE FEET).

2. CP04-006. Conditional Use Permit to allow a common carrier in an existing building on a 11.7 gross-acre site in the IP Industrial Park Zoning District, located on south side of Highway 280, approximately 1,000 feet westerly of McLaughlin Avenue (935 McLaughlin Avenue) (The Equitable Life Assurance Society of the United States, Owner). Council District 7. SNI: None. CEQA: Exempt.

   APPROVED (5-0-2; JAMES AND CAMPOS ABSENT).  COMMISSIONER ZITO ASKED STAFF WHETHER ANY TRAFFIC IMPACT ANALYSIS WAS DONE FOR THIS PROJECT.  STAFF RESPONDED BY INDICATING THAT THE BUILDING WAS BUILT AS A WAREHOUSE AND THIS PERMIT WAS SIMPLY REINSTATING THAT PREVIOUS USE WHICH WAS ANALYZED THROUGH A PREVIOUS PERMIT.

3. The projects being considered are located on the northeast corner of Barnard and Pomona Avenues (1700 Pomona Avenue), in the HI Heavy Industrial Zoning District on a 0.32 gross-acre site (Paul, Romero and Janell M. Benitez Owners). Council District 7. SNI: None. CEQA: Exempt.

   1. CP03-057. Conditional Use Permit to allow a corporation yard, construction of 2,312 square-foot office building and associated outdoor uses.

   APPROVED WITH CONDITIONS (5-0-2; JAMES AND CAMPOS ABSENT).  THE APPLICANT'S REPRESENTATIVE DISCUSSED A CONCERN RELATED TO THE CONDITION REQUIRING A 10-FOOT SETBACK FROM THE RESIDENTIAL PROPERTY.  THE COMMISSION ASKED STAFF TO RESPOND TO THE APPLICANTS ISSUE.  STAFF INDICATED THAT THE REQUIRED SETBACK IS 25 FEET; HOWEVER, AN EXCEPTION DOWN TO 10 FEET WOULD BE ACCEPTABLE WITH APPROPRIATE LANDSCAPING AND TREES TO PROVIDE ADEQUATE BUFFERING BETWEEN THE INDUSTRIAL AND RESIDENTIAL USE.

   2. V03-009. Development Variance to reduce the side setback requirements of the HI Heavy Industrial Zoning District from 25 to 5 feet adjacent to residential uses and the front setback from 15 feet to 0 feet.

   WITHDRAWN.

 The following items are considered individually.

4.   PUBLIC HEARINGS

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 from 3-24-04.

   APPROVED WITH CONDITIONS (5-0-2; JAMES AND CAMPOS ABSENT).  COMMISSIONER ZITO INDICATED THAT HE HAD LISTENED TO THE TAPE OF THE PREVIOUS HEARING ON THIS ITEM.  COMMISSIONER ZAMORA ASKED WHETHER A POLICE REPORT HAD BEEN RECEIVED AS REQUESTED DURING THE PREVIOUS MEETING.  REDEVELOPMENT STAFF INDICATED THAT SHE HAD DISTRIBUTED A COPY OF THE E-MAIL RECEIVED FROM THE POLICE DETAILING THEIR EXPERIENCE WITH THE EVENTS LAST YEAR.  DEPUTY CITY ATTORNEY RENEE GURZA INTERJECTED THAT ALTHOUGH THE RESPONSE FROM THE POLICE IS NOT IN A FORMAL MEMO FORM, IT CLEARLY INCLUDED THE INFORMATION THAT WAS REQUESTED BY THE COMMISSION.  COMMISSIONER ZITO ASKED SOME QUESTIONS OF THE APPLICANT INCLUDING WHETHER THERE WAS A NEED TO HAVE THE EVENTS ON THURSDAY RATHER THAN FRIDAY?  THE APPLICANT INDICATED THAT THE PURPOSE OF THE THURSDAYS WAS TO BUILD ON THE MUSIC IN THE PARK SERIES.

   COMMISSIONER ZITO MADE A MOTION TO ACCEPT STAFF'S RECOMMENDATION OF APPROVAL WITH THE CONDITIONS THAT THE CUP BE LIMITED TO A 3 YEAR TERM, INCLUDES A 1 YEAR COMPLIANCE REVIEW, AND THAT SUNDAYS BE DROPPED FROM THE ALLOWED DAYS.  COMMISSIONER ZAMORA OFFERED A FRIENDLY AMENDMENT TO THE MOTION TO LIMIT THE TOTAL NUMBER OF EVENTS TO 15.  ZITO ACCEPTED THE FRIENDLY AMENDMENT.  THE MOTION HAVING NO SECOND FAILED.  COMMISSIONER PLATTEN THEN MOVED TO ACCEPT STAFF'S RECOMMENDATION OF APPROVAL.  COMMISSIONER ZITO OFFERED A FRIENDLY AMENDMENT TO INCLUDE THE CONDITIONS OF A 3-YEAR TERM AND A 1 YEAR COMPLIANCE REVIEW.  COMMISSIONER PLATTEN DECLINED THE FRIENDLY AMENDMENT.

     COMMISSIONER ZITO THEN MOVED TO APPROVE THE CUP PER STAFF'S RECOMMENDATION WITH THE CONDITIONS THAT THERE BE A 3 YEAR TERM, A 1 YEAR COMPLIANCE REVIEW, AND THE TOTAL NUMBER OF EVENTS BE LIMITED TO 16.  THERE WAS A SECOND AND THE COMMISSION VOTED 4-1-2 WITH PLATTEN OPPOSED AND JAMES AND CAMPOS ABSENT.  COMMISSION PLATTED INDICATED THAT HIS VOTE FOR OPPOSITION WAS DUE TO HIM BEING IN SUPPORT OF STAFF'S ORIGINAL RECOMMENDATION WITH OUT THE LIMITATIONS.

2. CP02-025. Conditional Use Permit to allow construction of 7,545 square-feet for auto broker, retail-use on a 1.08 gross-acre site in the CG General Commercial Zoning District, located at/on east side of Monterey Road 600 feet southerly of Fehren Drive (3600 Monterey Road) (Trang Hung Tan Et Al, , Owners). Council District 7. SNI: None. CEQA: Mitigated Negative Declaration.

   APPROVED (5-0-2; JAMES AND CAMPOS ABSENT).  COMMISSIONER ZITO ASKED SOME QUESTIONS RELATIVE TO THE WALL HEIGHT AT THE REAR OF THE PROPERTY. STAFF CLARIFIED THE NOISE IMPACT ASSOCIATED WITH THE USE AND THE JUSTIFICATION OF A 7-FOOT HIGH WALL ALONG THE LENGTH OF THE PROPERTY VS. A 9-FOOT WALL FOR SMALL PORTION DROPPING DOWN TO A 7 FOOT WALL.

3. CP01-077. Conditional Use Permit to allow the continued use of an 80-foot-tall, wireless, communications monopole with an expired Conditional Use Permit on a 0.02 gross-acre site in the CG Commercial General Zoning District, located at/on southeast side of Tully Road approximately 600 feet southwesterly of South King Road (Crown Castle Usa Inc., Owner). Council District 7. SNI: West Evergreen. CEQA: Exempt.

WITHDRAWN.

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 REPORT GIVEN.

2. Distributed RCP03-11. Draft focused Environmental Impact Report for 507 and 511 Almaden Avenue for the purpose of developing an off-site parking lot and landscape buffer for the Sobrato Office Tower. Council District 3.

3. DISTRIBUTED DA-BEA and PDC04-00 3-24-04.  PLANNED DEVELOPMENT REZONING AND A DEVELOPMENT AGREEMENT BETWEEN CSJ AND BEA SYSTEMS, INC. TO INCREASE THE ALLOWED/PERMITTED SQUARE FOOTAGE ON THE SITE TO A TOTAL OF 2,800,000 SQUARE-FEET OF R & D/office uses through the allocation of floor area credits from the city's pool of transferable floor area to 41-acre site on the west side of north first street on both sides of component drive.  council DISTRICT 4.           

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

 NO REPORT GIVEN.

7. GOOD AND WELFARE

1. Report from City Council

 NO REPORT GIVEN.

2. Commissioners' reports from Committees:

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

 NO REPORT GIVEN.

• Coyote Valley Specific Plan (Platten)

   COMMISSIONER PLATTEN COMMENTED ON THE SUCCESSFUL COMMUNITY WORKSHOP AND BUS TOUR HELD ON SATURDAY, MARCH 13TH IN COYOTE.

3. Review of synopsis.

NO CHANGES.

8. ADJOURNMENT