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 PLATTEN AND 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. 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 and 3-24-04.

   DEFERRED TO 5-12-04.

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. PDC03-082. Planned Development Rezoning from CP Commercial Pedestrian Zoning District to A(PD) Planned Development Zoning District to allow up to 22 single-family attached-residential units on a 0.96 gross-acre site, located on the south side of McKee Road approximately 200 feet northeasterly of North Capitol Avenue (2740 McEee Road) (Core Development, Applicant; Manuel Russo Trustee, Owner). Council District 5. SNI: None. CEQA: Mitigated Negative Declaration.

   RECOMMEND APPROVAL (5-0-2; PLATTEN, 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 from 3-10-04.

   APPROVED LIMITING THE EXTENDED HOURS TO THE RESTAURANT USE ONLY AND LIMITING THEM TO 5:00 A.M. ON SATURDAY AND SUNDAY; INCLUDE A ONE YEAR COMPLIANCE REVIEW  (5-0-2; PLATTEN , ZITO ABSENT).  CONTINUED TO 4-28-04 FOR PREPARATION OF THE RESOLUTION.

   THE COMMISSION HEARD FROM THE APPLICANT WHO STATED THEIR INTENDED PURPOSE TO CONTINUE THE RESTAURANT AFTER 2:00 A.M. IS TO KEEP THEIR BUSINESS AFLOAT AND KEEP THEIR EMPLOYEES EMPLOYED.  THEY ALSO WANTED TO OFFER A PLACE FOR PATRONS TO GO AFTER ALL THE OTHER CLUBS CLOSED AT 2:00 A.M.  PEOPLE FROM THE PUBLIC SPOKE BOTH IN SUPPORT AND OPPOSITION TO THE REQUEST.  THE COMMISSION HAD SEVERAL QUESTIONS OF THE POLICE DEPARTMENT REPRESENTATIVE RELATED TO THE POTENTIAL IMPACT ON SERVICES IF THIS ESTABLISHMENT WERE ALLOWED TO STAY OPEN PAST 2:00.  THE POLICE RESPONDED THAT BY 2:30, THE BALANCE OF THE OFFICERS WORKING THE DOWNTOWN ARE DONE WITH THEIR SHIFT AND THERE WOULD BE ONLY 4 UNITS LEFT TO HANDLE THE DOWNTOWN.  ALLOWING AN ESTABLISHMENT TO STAY OPEN AFTER 2:00 CREATES THE SITUATION WHERE MORE PEOPLE ARE STAYING IN THE DOWNTOWN WHEN THERE ARE NO POLICE RESOURCES TO MONITOR THE SITUATIONS THAT TAKE PLACE IN PARKING LOTS, ETC.

   THE COMMISSION MADE A MOTION TO APPROVE THE CUP AS REQUESTED.  THE MOTION WAS AMENDED TO LIMIT THE EXTENDED HOURS TO THE RESTAURANT USE ONLY AND LIMIT THEM TO 4:00 A.M. DAILY.  THE MOTION WAS FURTHER AMENDED TO EXTEND THE TIME TO 5:99 A.M. AND LIMIT THOSE HOURS TO SATURDAY AND SUNDAY CLOSINGS.  THE COMMISSION FURTHER AMENDED THE MOTION TO ADD A ONE YEAR COMPLIANCE REVIEW.

2. CP03-067. Conditional Use Permit to allow a "Residential Substance Abuse Treatment Facility" for up to 18 adults and up to 3 non-resident staff on a 0.14 gross-acre site in the R-M Multiple Residence Zoning District, located at/on the eastside of South 9th Street approximately 200 feet northwesterly of East Reed Street (561 S. 9th Street) (Martin Aparicio, Owner). Council District 3. SNI: University. CEQA: Exempt.

   APPROVED (5-0-2; PLATTEN, ZITO ABSENT).

   THE COMMISSION HEARD FROM THE APPLICANT WHO STATED THAT THEY HAD BEEN PROVIDING RECOVERY SERVICES IN SAN MATEO COUNTY FOR SEVERAL YEARS AND BEGAN SERVING SANTA CLARA COUNTY EARLIER THIS YEAR.  THEIR PROGRAM IS LICENSED BY THE STATE AND CERTIFIED BY THE SANTA CLARA COUNTY DISTRICT ATTORNEY'S OFFICE.  THERE WERE SEVERAL PEOPLE FROM THE PUBLIC WHO SPOKE IN OPPOSITION TO THE REQUEST PRIMARILY CONCERNED WITH THE OVER CONCENTRATION OF SUCH FACILITIES IN THE NEIGHBORHOOD.  THE COMMISSION RECOGNIZED THE ISSUE OF OVER CONCENTRATION IN THE NEIGHBORHOOD AND UNDERSTOOD THE CONCERNS.  JAMES ASKED FOR CLARIFICATION ON THE MINIMUM SQUARE FOOTAGE PER RESIDENT IN SLEEPING ROOMS.  THE COMMISSION MADE A MOTION TO SUPPORT STAFF'S RECOMMENDATION OF 10 CLIENTS AND 1 NONRESIDENT STAFF, OR 6 CLIENTS AND 2 NONRESIDENT STAFF.

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.

2. Schedule an additional meeting for the CIP report: study session 4:30-6:00 p.m. and regular meeting 6:00 p.m., May 6, 2004.        

      APPROVED (5-0-2; PLATTEN, ZITO ABSENT).

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)

            NO REPORT GIVEN.

3. Review of Synopsis

            NO CHANGES TO SYNOPSIS.

8. ADJOURNMENT