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.

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. CP04-018. CONDITIONAL USE PERMIT to allow a parking establishment and site improvements on a 0.11 gross-acre site in the CG General Commercial Zoning District located at/on southeast corner of The Alameda and South Keeble Avene (1022 The Alameda) (Watergarden Corporation, Owner). Council District 6. SNI: None. CEQA: Exempt.

   DEFERRED TO 6-9-04.

2. RCP03-011. The project being considered is located on the southwest corner of Almaden Avenue and Balbach Street (507 and 511 Almaden) on two lots totaling 0.27 gross-acres in the DC-NT1 Zoning District to allow the demolition of two single family residences and construction of an 18 space parking lot with landscaping and related site improvements (Georgine Kukar Lopez, Owner; Tim Steele, Developer). Council District 3. CEQA: Almaden Avenue Parking Lot and Landscape Buffer Focused Environmental Impact Report.

   1. FINAL ENVIRONMENTAL IMPACT REPORT for the Almaden Avenue Parking Lot and Landscape Buffer to allow an off-site parking lot for the Sobrato Office Tower.

   DEFERRED TO  5-26-04.

   2. Conditional Use Permit for the demolition of two single family residences and construction of an 18 space parking lot with landscaping and related site improvements.

   DEFERRED TO  5-26-04.

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. PDC03-090. 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, 3-24-04 and 4-14-04.

   RECOMMEND APPROVAL (7-0).

2. 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 from 4-28-04.

   RECOMMEND APPROVAL  (6-0-0-1; CAMPOS ABSTAINED).  PULLED FROM CONSENT BY COMMISSIONER LEVY FOR CONCERNS ABOUT DENSITY AND PARK LOCATION.  STAFF AND APPLICANT CLARIFIED PRIOR COUNCIL APPROVAL OF HEIGHT CHANGE AND DENSITY LEVEL AND THAT PARK HAD BEEN SITED IN CONSULTATION WITH THE NEIGHBORHOOD.

3. RCP04-003. CONDITIONAL USE PERMIT for an eating and drinking establishment to have live entertainment and after-midnight use till 2:00am daily, on a 0.10-acre site in the DC Downtown Primary Commercial Zoning District, located on the east side of First Street between Santa Clara and San Carlos Streets at 72 South First Street (The Melting Pot) (Green Valley Enterprises, Owner; Nancy Avila, Developer). Council District 3. CEQA: Resolution No. 68839.

   APPROVED (7-0).

4. C04-039. PLANNING DIRECTOR INITIATED - Conventional Rezoning from LI Light Industrial and CP Pedestrian Commercial Zoning Districts to R-2 Two-Family Residence District to reflect residential uses on a 31.34 gross-acre site, located in the area generally bounded by East Santa Clara Street to the north, 30th Avenue to the east, San Antonio Street and William Street to the south and South 22nd Street to the west. Council District : 3. SNI: Five Wounds/Brookwood Terrace. CEQA: San Jose 2020 General Plan EIR Resolution No. 65459.

   RECOMMEND APPROVAL (7-0).  PULLED FROM CONSENT BY PUBLIC WITH CONCERN ABOUT LOSS OF INDUSTRIAL ZONING.  COMMISSIONER PLATTEN CLARIFIED ABILITY TO CONTINUE TO OPERATE EXISTING USES THAT WOULD BE LEGAL NON-CONFORMING.  ATTORNEY CLARIFIED THAT USES LEGALLY ESTABLISHED COULD REMAIN AND THAT PERMITS APPROVED PRIOR TO EFFECTIVE DATE OF THE REZONING WOULD ALSO BE LEGAL NON-CONFORMING.  IN RESPONSE TO COMMISSIONER LEVY, STAFF CLARIFIED PUBLIC OUTREACH PROCESS, AND NOTED SNI PLAN FOR AREA IDENTIFIED REZONING TO CONFORM TO GENERAL PLAN AS A PRIORITY.

5. C04-019. DIRECTOR INITIATED - Conventional Rezoning from LI Light Industrial Zoning District to R-2 Two-Family Residence District to allow residential uses on a 6.7 gross-acre site, located in the area generally bounded by Park Avenue, West San Fernando Street, Los Gatos Creek, Delmas Avenue and State Route 87 (Multiple Property Owners). Council District 3. SNI: Delmas Park. CEQA: San Jose 2020 General Plan EIR Resolution No. 65459.

   RECOMMEND APPROVAL (7-0).  PULLED FROM CONSENT BY PUBLIC REGARDING LEGAL NONCONFORMING STATUS.  ATTORNEY CLARIFIED NEED FOR REZONINGS TO CONFORM TO GENERAL PLAN DESIGNATION.  STAFF CLARIFIED THAT ENTIRE AREA PROGRAMMED TO BECOME RESIDENTIAL.  STAFF FURTHER RECOMMENDED THAT POTENTIAL PURCHASES OF PROPERTY REVIEW PROPERTY PERMIT HISTORY.

6. C04-020. DIRECTOR INITIATED - CONVENTIONAL REZONING from LI Light Industrial Zoning District and R-2 Two-Family Residence Zoning District to R-2 Two-Family Residence District and CP Pedestrian Commercial Zoning District to allow residential and commercial uses on a 13.48 gross-acre site, located at the area bounded by Interstate 280, West San Carlos, Bird Avenue, Delmas Avenue, and Highway 87 (Multiple Property Owners). Council District 3. SNI: Delmas Park. CEQA: San Jose 2020 General Plan EIR Resolution No. 65459.

   RECOMMEND APPROVAL (7-0).  PULLED FROM CONSENT BY PUBLIC WITH QUESTION ABOUT FUTURE PLAN FOR NEIGHBORHOOD.  COMMISSIONER ZITO QUESTIONED CHOICE FOR REZONING TO COMMERCIAL USES ON SELECT PROPERTIES.  STAFF RESPONDED THAT SNI NEIGHBORHOOD DISCUSSION INDICATED THAT LONG STANDING COMMERCIAL USES WERE SUPPORTIVE TO THE AREA OVER MANY YEARS.  STAFF FURTHER CLARIFIED THESE COMMERCIAL USES ARE COMPATIBLE WITH RESIDENTIAL AREA, UNLIKE ONGOING INDUSTRIAL USES.  COMMISSIONER ZAMORA QUESTIONED WHETHER COMMERCIAL REZONING HAD BEEN PREVIOUSLY CONSIDERED TO INCREASE JOBS.  NEIGHBORHOOD REPRESENTATIVE INDICATED RESIDENTIAL IS PRIMARY USE.  COMMISSIONER LEVY FURTHER QUESTIONED WHY LARGER INDUSTRIALLY-DESIGNATED PARCELS WERE NOT PROPOSED FOR REZONING TO CP COMMERCIAL.  STAFF CLARIFIED THAT ONLY NON- RESIDENTIAL SITES WITH EXISTING NEIGHBORHOOD-SERVING COMMERCIAL USES WERE PROPOSED FOR REZONING TO CP COMMERCIAL.

7. C04-030. PLANNING DIRECTOR INITIATED CONVENTIONAL REZONING from CN Commercial Neighborhood Zoning District to CP Commercial Pedestrian Zoning District to allow pedestrian oriented commercial and residential/ commercial mixed-uses on a 19.33 gross-acre site, located on both sides of North 13th Street between Heading and Jackson Streets. Council District 3. SNI: 13th Street. CEQA: San Jose 2020 General Plan EIR Resolution No. 65459.

   RECOMMEND APPROVAL (7-0). 

8. PDC03-076. Planned Development Rezoning from R-1-8 Residence District to A(PD) Planned Development Zoning District to allow up to 56 single-family detached residences on a 5.39 gross-acre site, located at the southwest corner of Woodglen Drive and Campbell Avenue (Moreland School District, Owner; Summer Hill Homes, Developer). Council District 1. SNI: None. CEQA: Mitigated Negative Declaration.

   RECOMMEND APPROVAL (7-0).

9. CP04-010. Conditional Use Permit to allow installation of 3 wireless communication antennas on an existing 117 -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 from 4-28-04.

   APPROVED (7-0).  PULLED FROM CONSENT BY PUBLIC OVER CONCERN THAT USE WAS EYESORE TO RESIDENTS.  STAFF COMMENTED THAT APPLICANT HAD VOLUNTARILY PROPOSED ADDITIONAL TREES AND PLANTINGS TO HELP SCREEN EXISTING COMPETITION EQUIPMENT ENCLOSURE.  STAFF INDICATED THAT ADJACENT PROPERTY OWNERS WOULD BE ABLE TO WORK WITH STAFF AND APPLICANT TO IDENTIFY A TREE PLANTING PLAN TO SATISFY NEIGHBORS.  COMMISSIONERS THANKED APPLICANT FOR WORKING WITH RESIDENTS TO ADDRESS EXISTING VISUAL CONDITION.

10. PDC04-004. Planned Development Rezoning from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District to allow up to 37 single-family detached residential units on a 5.0 gross-acre site, located at/on the north side of Quimby Road, approximately 1,000 feet westerly of South White Road (Sikh-Gurdwara San Jose Calif.,Owners). Council District 8. SNI: None. CEQA: Migitgated Negative Declaration.

    RECOMMEND APPROVAL (6-0-0-1; DHILLON ABSTAINED).

11. CP04-023. Conditional Use Permit to install roof-mounted wireless communication antennas on an existing building and to construct a 242 square foot ancillary equipment shelter on a 9.13 gross-acre site in the R-1-8 Single-Family Residence Zoning District, located at/on southeast corner of Cunningham Avenue and Nassau Drive (2040 Nassau Drive) (Roman Catholic Welfare Corp Of San José, Owner). Council District 8. SNI: K.O.N.A. CEQA: Exempt.

    APPROVED (7-0).

12. PDC04-037. PLANNING DIRECTOR INITIATED - Planned Development Rezoning from LI Light Industrial, CN Neighborhood Commercial, and A Agricultural Zoning Districts to CP(PD) Pedestrian Commercial Planned Development and OS Open Space Zoning Districts to allow residential and open space uses on a 93.12 gross-acre site, located on the west side of El Dorado Street and north of the Guadalupe River (Multiple Property Owners). Council District 4. SNI: None. CEQA: Alviso Master Plan EIR Resolution No. 68577.

    RECOMMEND APPROVAL (7-0).  PULLED FROM CONSENT BY PUBLIC CONCERN ABOUT RECENT NEW RESIDENTIAL DEVELOPMENT I ALVISO AND CONCERN THAT REZONING TO OS OPEN SPACE COULD CONSTITUTE A "TAKING" OF PRIVATE PROPERTY.  IN RESPONSE TO COMMISSIONER ZAMORA, ADDITIONAL RESIDENT COMMENTED THAT PROPOSED REZONING WOULD SUPPORT MAINTENANCE OF ALVISO CHARACTER AND HISTORIC RESOURCES.  COMMISSIONER ZITO COMMENTED THAT RIVER LEVEE COULD PRESENT AN AMENITY FOR FUTURE DEVELOPMENT.  STAFF NOTED THAT INDIVIDUAL PROPERTY OWNERS' PLANS WOULD PRESENT CHALLENGES FOR PUBLIC DEVELOPMENT.  CITY ATTORNEY CLARIFIED THAT PROPOSED REZONING WOULD NOT BE A TAKING AS SOME VIABLE USES REMAIN.

13. C04-034. PLANNING DIRECTOR INITIATED - CONVENTIONAL REZONING from R-2 Two-Family Residence District to R-1-8 Single-Family Residence Zoning District to allow residential uses on a 28.12 gross-acre site area located east of South King Road, south of Silver Creek, 300 feet northerly of Alum Rock Avenue and west of Silcreek Drive (Multiple Property Owners). Council District 5. SNI: Gateway East. CEQA: San Jose 2020 General Plan EIR Resolution No. 65459.

    RECOMMEND APPROVAL  (6-0-0-1; CAMPOS ABSTAINED).  PULLED FROM CONSENT BY PUBLIC COMMENTS FROM RESIDENTS TO ENCOURAGE REZONING TO SINGLE-FAMILY USES, NOTING INFRASTRUCTURE IS INADEQUATE TO SUPPORT DUPLEX REDEVELOPMENT.  COMMISSIONER ZAMORA ENCOURAGED RESIDENTS TO WORK WITH CODE ENFORCEMENT ON INDIVIDUAL PROBLEM PROPERTIES, BUT ALSO ENCOURAGED RESIDENTS TO WELCOME NEW RESIDENTS IN HIGHER DENSITY DEVELOPMENT ALONG ALUM ROCK AVENUE.  COMMISSIONER PLATTEN NOTED THAT EXISTING LEGAL DUPLEXES COULD REMAIN EVEN AFTER REZONING, AND THANKED SPEAKERS FOR ATTENDING.

14. C04-035. PLANNING DIRECTOR INITIATED - CONVENTIONAL REZONING from LI Light Industrial, CN Neighborhood Commercial, and CG General Commercial Zoning Districts to CP Pedestrian Commercial and R-M Multi-Family Residence Zoning Districts to allow commercial and multi-family residential uses on a 18.95 gross-acre site, located along both sides of South 1st Street, south of Highway 280 and north of Alma Avenue (Multiple Owners). Council District 3. SNI: Washington & Spartan Keyes. CEQA: San Jose 2020 General Plan EIR Resolution No. 65459 .

    RECOMMEND APPROVAL (7-0). 

15. C04-036. PLANNING DIRECTOR INITIATED - CONVENTIONAL REZONING from LI Light Industrial and CN Neighborhood Commercial Zoning Districts to CP Pedestrian Commercial Zoning District to allow commercial and residential uses on a 4.55 gross-acre site, located along both sides of Keyes Street, east of South 6th Street and west of South 12th Street (Multiple Property Owners). Council District 3. SNI: Spartan/Keyes. CEQA: San Jose 2020 General Plan EIR Resolution No. 65459.

    RECOMMEND APPROVAL (7-0).  PULLED FROM CONSENT BY PUBLIC FOR CONCERN ABOUT FUTURE PARKING AVAILABILITY PROXIMATE TO SPARTAN STADIUM.  COMMISSIONER PLATTEN RECOMMENDED SPEAKER PURSUE WORKING WITH POLICE DEPARTMENT COMMAND STAFF TO ADDRESS ANY ILLEGAL PARKING SITUATIONS.

16. CP04-004. Conditional Use Permit to allow a residential care facility, senior community center and adult day care within an existing 28,223 square-foot building on a 2.0 gross-acre site in the R-M Multiple Residence Zoning District, located on the east side of St Elizabeth Street approximately 530 feet southerly of McKinley Avenue (1050 Saint. Elizabeth Drive) (Sisters Of The Holy Family, Owner). Council District 6. SNI: None. CEQA: Exempt.

    APPROVED (7-0).

 The following items are considered individually.

4.   PUBLIC HEARINGS

1. PDC03-087. Planned Development Rezoning from R-1-2 Residential Zoning District to A(PD) Planned Development Zoning District to allow up to 26 single-family detached residential units on a 6.81 gross-acres site, located at/on the southwest corner of Almaden Road and Barnes Lane (19291 Almaden Road) (Muo S. Lee and Mei Gon Trustee, Sonny S. & Nancy C. Wey Trustee, Ehteram Kamali, Martin & Mei Ling Ting, John P. Cryan, Amy Ting, Owners; Santa Clara Development Co., Developer). Council District 10. SNI: None. CEQA: Mitigated Negative Declaration.

   RECOMMEND APPROVAL (7-0).  COMMISSIONER LEVY QUESTIONED WHETHER THE CONNECTION OF QUEENSBRIDGE WAS NECESSARY INSTEAD OF GAINING UNITS.  STAFF RESPONDED THAT NEIGHBORHOOD HAD REQUESTED CONNECTION AND THAT GENERAL PLAN POLICY SUPPORTED ROAD EXTENSION.  COMMISSIONERS LEVY AND ZITO EXPRESSED CONCERN ABOUT PROVISION OF MORE PARK AMENITIES SINCE PROJECT WILL RESULT IN INCREASED DENSITY.  COMMISSIONER CAMPOS COMMENTED THIS AREA IS NOT SHORT OF OPEN SPACE AND PARK FEES WILL BE USED APPROPRIATELY TO ENHANCE PARKS IN AREA.

2. CP04-013/ABC04-002. Conditional Use/Liquor License Permit to allow entertainment and drinking establishment which includes: cocktail lounge, dancing, live music, pool tables, kareoke; and to operate after midnight between 12:00 - 2:00 am on a 0.41 gross-acre site in the DC Downtown Primary Commercial Zoning District, located at/on Southeast corner of East Santa Clara and South 2nd Streets (52 E Santa Clara Street) (Office Associates, Owner). Council District 3. SNI: None. CEQA: Exempt.

   APPROVED (7-0).

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 PUBLIC COMMENTS.

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

NONE

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).

             NEXT MEETING 5-17-04.

• Coyote Valley Specific Plan (Platten)

                                  WORKSHOP FOR PUBLIC MAY 15TH. NEXT TASK FORCE 

                                MEETING MAY 17TH

3. Review of synopsis.

             NO COMMENTS..

8. ADJOURNMENT