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Public Hearings: 2004 Hearing Agendas

Planning Commission Agenda

SYNOPSIS

Thursday, May 6, 2004

6:00 p.m. Regular Meeting
Room 205, Council Chambers, City Hall

4:30 p.m. Study Session
Overview of the Capital Improvement Program
Room 437


801 North First Street
Room 400, City Hall
 

Jay James, Chair
Bob Levy, Vice-Chair

Xavier Campos | Bob Dhillon |
Christopher Platten | John G. Zamora | James Zito
Stephen M. Haase, AICP
Director, Planning, Building and Code Enforcement

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 CAMPOS AND ZAMORA.

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.

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.

 The following items are considered individually.

4. PUBLIC HEARINGS

  1. CITY’S PROPOSED 2005-2009 CAPITOL IMPROVEMENT PROGRAM. Approval of the Planning Commission’s report to the City Council transmitting comments and recommending adoption of the Proposed 2005-2-009 Capital Improvement Program (CIP).

    RECOMMEND APPROVAL (5-0-2; CAMPOS AND ZAMORA ABSENT) WITH ADDITIONAL COMMENTS AND CONCERNS.  COMMISSIONERS PROVIDED SPECIFIC COMMENTARY TO BE INCLUDED IN TRANSMITTAL TO THE CITY COUNCIL.  COMMISSIONER PLATTEN OBSERVED THE BUDGET IS A POLICY DOCUMENT AND SHOULD BE CONSISTENT WITH SMART GROWTH, AND EXPRESSED CONCERN THAT PROPOSED BUDGET WEIGHED FUTURE OPERATING COSTS OF PROJECTS AS KEY CRITERION TO DETERMINE PRIORITY.  COMMISSIONER JAMES CONCURRED NOTING OPPORTUNITY COSTS AND LIKELY HIGHER CONSTRUCTION COSTS OF PROJECTS IN THE FUTURE.  COMMISSIONER DHILLON NOTED CONSERVATIVE BUDGET PLAN APPROPRIATE DUE TO TIGHT BUDGET, BUT ENCOURAGED EXPLORATION OF ADDITIONAL FUNDING SOURCES INCLUDING RDA.  COMMISSIONER ZITO AND COMMISSIONER LEVY RECOGNIZED CURRENT ECONOMIC DOWNTURN, BUT FELT RESIDENTIAL DEVELOPMENT APPEARS STRONG AND PERHAPS A NEW FEE STRUCTURE WOULD MAKE RESIDENTIAL DEVELOPMENT MORE COST NEUTRAL.  COMMISSIONER JAMES EXPRESSED CONCERN THAT PUTTING OFF CONSTRUCTION OF CIP PROJECTS IS NOT SUPPORTIVE OF A SUSTAINABLE CITY AND GOOD QUALITY OF LIFE, AND NOTED PUBLIC SUPPORT FOR LIBRARIES AND PARKS THROUGH PASSAGE OF BOND MEASURE.

  1. CP03-069. Conditional Use Permit to allow construction of a 597 square-foot addition to an existing religious assembly building, conversion of a single-family residence (Lincoln House) to religious assembly use, minor modifications to the facade of Lincoln House and associated site improvements on a 0.73 gross acre site in the R-2 Two-Family Residence Zoning District, located at/on southwest corner of Clark Way and Lincoln Avenue (1108 CLARK WY) (Presbytery Of San Jose The, Owner). Council District 6. SNI: None. CEQA: Exempt.

    RECOMMEND APPROVAL WITH CONDITIONS (5-0-2; CAMPOS AND ZAMORA ABSENT).  STAFF CLARIFIED FUTURE NEW FENCE ALONG SINGLE-FAMILY HOUSE TO DELINEATE BOUNDARY OF CHURCH-OWNED GROUNDS TO BE USED FOR CHURCH PURPOSES.  COMMISSIONERS JAMES AND ZITO EXPRESSED CONCERN ABOUT LACK OF DEDICATED PARKING.  STAFF CLARIFIED LEGAL NON-CONFORMING STATUS OF CHURCH AND PARKING ARRANGEMENT AND APPLICANT INDICATED HIGH PERCENTAGE OF CONGREGATION WALKS TO NEIGHBORHOOD CHURCH.

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.

 

DISTRIBUTION OF THE FIRST AMENDMENT TO THE ALMADEN  AVENUE   PARKING LOT AND BUFFER LANDSCAPE DRAFT ENVIRONMENTAL  IMPACT REPORT (EIR) (507 ALMADEN)  COUNCIL DISTRICT 3.

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

  •  
    • CONDITIONAL USE PERMIT FOR THE FOR SUMMER MUSIC VENUE IN DOWNTOWN PARKING LOT WAS APPEALED TO CITY COUNCIL BY APPLICANT.
    • INVITATION FOR COYOTE VALLEY TASKFORCE COMMUNITY WORKSHOP ON MAY 15TH.

    •           

    7. GOOD AND WELFARE

    1. Report from City Council 

    1. Commissioners' reports from Committees:

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

    • Coyote Valley Specific Plan (Platten)

  •  

    8. ADJOURNMENT