08/28/02 Planning Commission Agenda

Public Hearings: 2002 Hearing Agendas

Planning Commission Synopsis

- Wednesday, August 28, 2002

6:00 p.m. - Evening Session
Council Chambers, City Hall
801 North First Street
San Jose, California

Bob Levy, Chair
Jay James, 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) 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

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.

a. The projects being considered are located at the southwest corner of Willow Street and S. Almaden Avenue, on a 0.29 gross-acre site in the CP Pedestrian Commercial Zoning District (Alfredo and Amanda Montoya Trust, Owner; Montoya Enterprises, Developer). Council District 3. CEQA: Exempt.

1. CP02-020. Conditional Use Permit for off-sale of alcoholic beverages at an existing grocery store.

2. ABC02-007. Liquor License Exception Permit to allow off-sale of alcoholic beverages at an existing grocery store.

DEFERRED TO 9-11-02

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.

a. CP02-035. CONDITIONAL USE PERMIT for a project located at the southeast corner of Andover Lane and Ross Avenue on a 4.5-gross-acre site in the R-1-8 Residence Zoning District, to allow conversion of a portion of an existing school facility for church purposes (Union School District, Owner; The City Vineyard Church, Applicant). Council District: 9. CEQA: Exempt.

APPROVED (6-0-1; ZAMORA ABSENT).

b. CP02-033. CONDITIONAL USE PERMIT for a project located on the south side of Stevens Creek Boulevard approximately 200 feet westerly of Boynton Avenue, on a 0.3-gross-acre site in the CG Commercial Zoning District, to allow an automobile rental outlet (Tschirgi/Simpson, Owners; Hertz Local Edition, Applicant). Council District: 1. CEQA: Exempt.

APPROVED (6-0-1; ZAMORA ABSENT).

c. CP02-034. CONDITIONAL USE PERMIT for a project located at the northwest corner of Coleman Avenue and Newhall Street on a 25.7-gross-acre site in the HI Heavy Industrial Zoning District to allow the demolition of a 206,194 square foot warehouse building, the reconfiguration of 506 parking spaces, and the relocation of the entrance and exits to an existing parking facility ( Arcadia Development, Co., Owner/Developer.) Council District 03. CEQA: Negative Declaration.
APPROVED (6-0-1; ZAMORA ABSENT).

d. CP02-032. CONDITIONAL USE PERMIT for a project located at the southwest corner of Trimble Road and Kruse Drive on a 17.43-gross-acre site in the IP Industrial Park Zoning District for the conversion of use from warehouse, research and development, office, to a distribution center for overnight delivery service and incorporating façade changes ( WXI/696 Realty, LLC, Owner; Legacy Partners, Developer.) Council District 04. CEQA: EIR Resolution No. 60197.
APPROVED (6-0-1; ZAMORA ABSENT).

e. PDC02-01-003. PLANNED DEVELOPMENT REZONING of the property located the east side of South Bascom Avenue approximately 690 feet southerly of Curtner Avenue, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 9 single family attached and 1 single family detached residences on 0.63 gross acres (James A. Cusato, Owner/Developer). Council District 9. CEQA: Mitigated Negative Declaration. Deferred from 8-14-02.
RECOMMEND APPROVAL (6-0-1; ZAMORA ABSENT).

f. DA-3COM. AN ORDINANCE APPROVING A SECOND AMENDMENT TO A DEVELOPMENT AGREEMENT WITH PALM CORPORATION for property located at the south side of State Route 237, between Zanker Road and North First Street, on 72.16 gross acres in the IP-Industrial Park Zoning District, to allow implementation of the original Development Agreement by a time extension for the initial corporate occupancy requirement of 200,000 square feet to June 1, 2006 and the second corporate occupancy requirement of 300,000 square feet to December 31, 2008 (Palm, Inc. Owner/Developer). Council District 4. CEQA: EIR Resolution No. 67510. Deferred from 7-28-02 and 8-14-02.
RECOMMEND APPROVAL (5-0-1-1; ZAMORA ABSENT; LEVY ABSTAINED).

The following items are considered individually.

4. 6:00 PM Public Hearings

a. CP01-10-091. CONDITIONAL USE PERMIT for a project located at the southeast corner of E. Julian Street and N. Twenty-eighth Street on a 0.54-gross-acre site in the HI Heavy Industrial Zoning District for the installation of a new telecommunications monopole and construction of a 50 square foot ancillary equipment building. (James C. Hill, Owner; Ruth and Going, Developer.) Council District 3. CEQA: Exempt.
CONTINUED TO 9-25-02 IN ORDER TO PERFORM ALTERNATIVE ANALYSIS FOR ADDITIONAL MONOPOLE SITES.

b. PDC01-100. PLANNED DEVELOPMENT REZONING of the property located on the west side of San Pedro Street, approximately 130 feet north of W. Saint James Street, from CG General Commercial Zoning District to A(PD) Planned Development Zoning District, to allow up to 124 multi-family attached residential units on 0.77 gross acres (Barry Swenson, Builder, Owner/Developer) Council District 3. CEQA: EIR Resolution #64273.
RECOMMEND APPROVAL (6-0-1; ZAMORA ABSENT) WITH RECOMMENDATION TO ALLOW FLEXIBILITY ON GROUND FLOOR INCLUDE COMMERCIAL OR LIVE/WORK USES.

c. CP01-106. CONDITIONAL USE PERMIT for a project located at the east side of North 7th Street, opposite the easterly terminus of Younger Street on a 0.52-gross-acre site in the LI Light Industrial Zoning District for construction and operation of a 2,880 sq.ft. child day care facility serving up to 54 children (Goodwill Industries, Owner; Steven Frederick, Developer). Council District 3. CEQA: Exempt. Deferred from 8-14-02. (Correct copy of staff report posted on 8/27/02)

APPROVED (6-0-1; ZAMORA ABSENT).

5. Petitions and Communications

a. General Plan Amendment Draft Environmental Impact Reports distributed:

San Jose Flea Market (GP02-04-02)

Goble Lane Housing Project (GP02-07-004).

6. Referrals from City Council, Boards, Commissions, or other Agencies

7. Good and Welfare

a. Report from City Council
b. Commissioners' reports from Committees:

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

8. Adjournment

6:00 p.m. - Evening Session Council Chambers, City Hall 801 North First Street San Jose, California

Bob Levy, Chair Jay James, Vice-Chair Xavier Campos| Bob Dhillon | Christopher Platten | John G. Zamora | James Zito

Stephen M. Haase, AICP Director, Planning, Building and Code Enforcement

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.