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.
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.
- PDC03-036. Planned Development Rezoning from A(PD) Planned Development Zoning District
and R-1-8 Residence Zoning District to A(PD) Planned Development Zoning District to allow
up to 160 single family attached residences on a 2.3 gross acre site, located on the
southeast corner of Madden Avenue and North Jackson Avenue (2322 Madden Avenue) (David L.
Falk, Willliam Strohmeyer et al, Richard Leglu, Alice L Vance et al, Daniel R Solis, Brian
Reiser, Dan Ho, Franando Po, Thao Vinh, Owners; David L Falk, Developer). Council District
5. SNI: None. CEQA: Mitigated Negative Declaration.
DEFERRED
TO 5-12-04.
CP04-010.
Conditional Use Permit to allow installation of 2 wireless communication antennas on an
existing 115-foot PG&E utility tower and construction of a 300 square-foot ancillary
equipment shelter on a 1.32 gross-acre site in the R-1-8 Single-Family Residence Zoning
District located at/on west side of Taft Drive approximately 140 feet southerly of Coronet
Drive (5449 TAFT DR) (Pacific Gas And Electric Co, Owner). Council District 9. SNI: None.
CEQA: Exempt. DEFERRED
TO 5-12-04.
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 from 3-10-04. DROP
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.
- RCP04-006.
RESOLUTION FOR 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. Continued from 4-14-04 for preparation of the
resolution.
APPROVED (7-0).
- CP 03-079. Conditional Use Permit
to allow a private preschool and elementary school for 600 students in a former public
school facility on a 8.83 gross-acre site in the R-1-8 Single-Family Residence Zoning
District located at the northeast corner of San Ignacio Avenue and San Anselmo Way (6670
San Anselmo Way) (Oak Grove School District, Owner; Stratford School Inc., Developer).
Council District 2. SNI: None. CEQA: Exempt.
APPROVED (7-0).
- PDC03-078. PLANNED DEVELOPMENT
REZONING from R-1-8 Residence Zoning District to A(PD) Planned Development Zoning
District to allow up to 5 single-family residences on a 0.33 gross-acre site located on/at
the north side of Canoas Garden Avenue, approximately 400 feet easterly of Almaden Road
(2120 Canoas Garden Avenue)(Shirley Lu-Levitt Owner/Developer). Council District 6. SNI:
None. CEQA: Negative Declaration.
RECOMMEND APPROVAL (7-0). PULLED
FROM CONSENT BY COMMISSIONER LEVY REGARDING PREFERENCE FOR PROJECT ACCESS
FROM EXISTING PRIVATE STREET IN TOWN HOME PROJECT.
STAFF AND APPLICANT CLARIFIED SUCH ACCESS NOT DESIRED BY TOWNHOUSE
PROJECT RESIDENTS AND THEREFORE NOT POSSIBLE TO REQUIRE.
COMMISSIONER ZITO QUESTIONED PARKING ARRANGEMENT.
STAFF CLARIFIED THE TANDEM PARKING REVISED CONDITION TO ENCLOSE UNIT
PARKING IN A GARAGE, AND THAT 4 GUEST PARKING SITES WOULD BE PROVIDED ON
SITE.
- RCP04-007. Conditional Use
Permit to allow live entertainment and after-midnight use at a public eating and
drinking establishment on a 0.14 gross-acre site in the CG General Commercial Zoning
District, located on the east side of South Second Street between Santa Clara Street and
San Fernando Street at 86 South Second Street. (Case Swenson, Owner; Mike Craig,
Developer). Council District 3. CEQA: Resolution No. 68839.
APPROVED
(7-0).
- CP03-080. Conditional Use Permit
to allow the continued use of an existing 7,472 square-foot child care facility with an
expired Conditional Use Permit on a 1.7 gross-acre site in the R-1-5 Residence Zoning
District, located at/on northwest corner of San Felipe Road and Lyter way (3320 San Felipe
Road) (KC Propco LLC, Owner). Council District 8. SNI: None. CEQA: Exempt.
APPROVED
(7-0).
The following items
are considered individually.
4. PUBLIC HEARINGS
- RSP03-004.
FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT for a Special Use Permit to allow the demolition of
the W.G. Jones Residence, formerly located at 126 Viola Avenue, currently located at the
northwest corner of Almaden Boulevard and Woz Way, and potentially eligible for the
California Register of Historic Resources. Council District: 3.
CERTIFIED
EIR (7-0). NO PUBLIC COMMENT
CARDS OR COMMISSION DISCUSSION.
- RA03-002. Appeal of the Planning
Director’s decision to grant a Reasonable Accommodation request for a residential
service facility (Sober Living Environment) for up to twelve (12) residents including
eleven (11) adult residents and one (1) staff memeber in a single-family residence on a
0.14 gross acre site in the R-1-8 Single-Family Residence Zoning District located on the
northeast corner of Kirk Glen Drive and Mabury Road (704 Kirk Glen Drive) (Benjamin and
Julieta Gamutan, Owners). Council District 4. SNI: None. CEQA: Exempt.
UPHOLD
DIRECTOR'S DECISION TO GRANT REASONABLE ACCOMMODATION (4-3-0; JAMES, LEVY,
ZITO OPPOSED). COMMISSIONERS
LEVY AND ZITO EXPRESSED CONCERN THAT THE APPLICANT DID NOT APPEAR TO HAVE
THE SKILLS OR EXPERIENCE THAT WOULD BE NECESSARY TO RUN A QUALITY SOBER
LIVING ENVIRONMENT, THAT OPERATING WITH ONLY THE SIX RESIDENTS WHO COULD BE
IN A FACILITY BY RIGHT WOULD BE A BETTER INITIAL VENTURE, THAT THERE WERE
MANY UNDERUTILIZED FACILITIES IN EXISTENCE, AND THAT WITH THE REASONABLE
ACCOMMODATION AT THIS SITE, THERE WOULD BE TWO FACILITIES WITHIN 300 FEET OF
EACH OTHER WHICH COULD POTENTIALLY RESULT IN IMPACTS ON NEIGHBORS.
COMMISSIONER LEVY MOVED TO UPHOLD THE APPEAL OF THE DIRECTOR'S
DECISION TO GRANT REASONABLE ACCOMMODATION, BUT THE MOTION FAILED.
COMMISSIONER CAMPOS INDICATED THAT IN HIS EXPERIENCE, THERE IS NOT
ENOUGH AVAILABILITY OF LIVING ENVIRONMENTS TO MEET DEMAND, AND THAT HE FELT
THE APPLICANT WAS RESPONSIBLE IN REVIEWING POTENTIAL OPERATORS WITH THE
DISTRICT ATTORNEY'S (DA'S) OFFICE. COMMISSIONER DHILLON NOTED THAT
THE APPLICANT COULD PROCEED WITH A SIX RESIDENT FACILITY WITHOUT REASONABLE
ACCOMMODATION AND THAT INVOLVEMENT OF DA'S OFFICE IN OPERATOR OF LARGER
FACILITY WOULD BE BENEFICIAL TO FUTURE RESIDENTS AND NEIGHBORS.
COMMISSIONER PLATTEN EXPRESSED CONCERN REGARDING POSSIBLE UNDUE
CHARACTERIZATION OF APPLICANT AS LIKELY TO OPERATE A MARGINAL FACILITY DUE
TO CURRENT LACK OF EXPERIENCE AND BEING AN INDEPENDENT OPERATOR.
COMMISSIONER ZAMORA CONCURRED AND STRESSED APPLICANT WAS A
PROSPECTIVE BUSINESS OWNER LOOKING TO HIRE GOOD OPERATORS CONSISTENT WITH DA
REQUIREMENTS AND COMMENTED THAT THE COMMUNITY NEEDS TO SUPPORT RECOVERY OF
RESIDENTS IN SOBER LIVING ENVIRONMENTS.
COMMISSIONER ZITO PROVIDED CLARIFICATION THAT HIS OPPOSITION TO THE
PROPOSED REASONABLE ACCOMMODATION RESULTED FROM HIS ANALYSIS OF THE
TESTIMONY THAT MANY OTHER FACILITIES ALREADY EXIST, AND THAT FAILURE OF THIS
TYPE OF BUSINESS VENTURE IS MORE LIKELY TO HURT ITS CLIENTELE WHO ARE
DISABLED. COMMISSIONER PLATTEN MOVED TO UPHOLD THE DIRECTOR'S
DECISION TO GRANT REASONABLE ACCOMMODATION RECOMMENDED BY STAFF FOR 12 TOTAL
RESIDENTS. COMMISSIONERS ZITO
AND LEVY ASKED FOR A POSSIBLE FRIENDLY AMENDMENT TO REDUCE BEDS TO 10 TOTAL
NOTING SOME MARGINAL BEDROOM DIMENSIONS FOR INTENDED RESIDENTS. STAFF
CLARIFIED THAT HOUSING CODE SPACE REQUIREMENTS WOULD TAKE PRECEDENCE IF
BEDROOM SIZES WERE SUBSEQUENTLY DETERMINED TO BE INACCURATELY SHOWN.
5. PETITIONS AND COMMUNICATIONS
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 PUBLIC COMMENTS.
- PP03-03-088.
DRAFT RECIRCULATED SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (EIR) for the Civic Plaza
Parking Structure, a three-bay parking structure on a 1.22-acre site, which would contain
between 1,128 and 1,250 parking spaces and up to 7,660 square feet of ground floor
commercial uses located between North Fourth and Fifth Streets, 225 feet north of East
Santa Clara Street. Council District 3.
DISTRIBUTED
IN PACKET.
6. REFERRALS FROM CITY COUNCIL,
BOARDS, COMMISSIONS OR OTHER AGENCIES
7. GOOD AND WELFARE
Report from City Council
NO
REPORT GIVEN.
Commissioners' reports from Committees:
NO MEETING.
NO COMMENTS.
Review of Synopsis
NO COMMENTS.
8. ADJOURNMENT
