9/17/03 Director's Hearing Agenda

Public Hearings: 2003 Hearing Agendas

Planning Director's Hearing Agenda

Wednesday, September 17, 2003

(Recommendations as of September 12, 2003)

10:00 a.m.
City Council Chambers
Room 205
City Hall
801 North First Street
San Jose, California

Hearing Officers

Darryl Boyd, Principal Planner

Susan Walton, Principal Planner

Plan Implementation Division
Joseph Horwedel, Deputy Director

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

The procedure for this hearing is as follows:

Hearing Officer will identify the project as described on the agenda.
Staff Report.
After the staff report, the applicant and/or representative should make themselves known as their item comes up by approaching the microphone and identifying themselves and stating their home address, or just wave from the audience if you do not wish to speak..
Public testimony, either for or against the project. Please state your name and home address for the record.
The Hearing Officer may ask questions of the speaker.
After the public testimony, the applicant may make closing remarks.
The public hearing will then be closed and the Planning Director will take action on the item. The Planning Director 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 Director's action on these agenda items is final when the permit is signed and mailed, unless the permit is appealed. The Planning Director's actions are appealable in accordance with the requirements of Title 20 0f the Municipal Zoning Code.

Note: If you have any agenda changes, please contact Joe Babiasz. (joe.babiasz@sanjoseca.gov).

Order of Business

1. 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. I will now open the public hearing. The following items are proposed to be deferred.

The matter of deferrals is now closed.

2. Consent

The projects being considered are located on the east side of North Capitol Avenue approximately 150 feet westerly of Berryessa Road (1158 N CAPITOL AV), in the R-1-8(PD) Planned Development Zoning District (TAM MARGARET M ET AL, Owner). Council District 4. SNI: None. CEQA: Exempt
1. PDA75-027-01. Planned Development Permit Amendment to allow the sale of alcohol for off-site consumption for an existing liguor store that is relocating within the same shopping center.

Recommend: Approval.

2. ABC03-009. Liquor License Exception Permit to allow off-sale of alcoholic beverages at an existing liquor store on a 0.47 gross acre site.

Recommend: Approval.
PDA90-015-03. Planned Development Permit Amendment to legalize an existing outdoor recreational facility (race track for electric powered remote-control toy cars) at an existing shopping center on a 9.3-acre site in the A(PD) Planned Development Zoning District, located at/on the southeast corner of Bollinger Road and Miller Avenue (6148 BOLLINGER RD) (Marchese Christopher Trustee & Et Al, Owner). Council District 1. SNI: None. CEQA: Exempt.
Recommend: Approval.
The projects being considered are located at/on southerly corner of Northern Road and Cross Way, in the R-M Multiple Residence Zoning District (SHWE RICHARD S AND ALMA M TRUSTEE, Owner). Council District 6. SNI: None. CEQA: Negative Declaration.
1. H00-025. Site Development Permit for the construction of 10 single family attached residences on a 0.34 gross acre site.

Recommend: Approval.

2. V02-006. Development Variance to reduce front setback from 15 feet to 10 feet in the R-M Residence District on a 2.9 gross acre site.

Recommend: Approval.
TR03-082. Tree Removal Permit to remove one (1) Oak tree, 120 inches in circumference, on a 0.15 gross acre site in the R-1-8 Single-Family Residence Zoning District, located at the 5084 Eppling Lane (5084 EPPLING LN) (Vo An N Et Al, Owner). Council District 2. SNI: None. CEQA: Exempt.

The consent calendar is now closed.

3. Public Hearings

SP02-055. Special Use Permit to convert an existing single family residence to commercial use (restaurant) and to allow off-site parking on four parcels totaling 0.61 gross acres in the CN Neighborhood Commercial Zoning District, located at/on the west side of South Autumn Street approximately 90 feet northerly of West San Fernando Street (87 S AUTUMN ST) (Meduri C A And Sally L, Owner). Council District 6. SNI: None. CEQA: Exempt.

SP03-020. Special Use Permit to allow construct ion of a 1,765 square foot addition to a legal non-conforming single-family detached residence on a 45 gross acre site in the A Agricultural Zoning District, located at/on the north side of Fleming Avenue approximately 900 feet southeasterly of Fourier Drive (1242 FLEMING AV) (Touche Properties Inc & Et Al, Owner). Council District 5. SNI: None. CEQA: Exempt.

SF03-017. Single Family House Permit to allow renovation of the 1st floor and construction of a 2nd floor addition of 1,144 square feet, to an existing 1-story single-family residence on a 0.12 gross acre site, resulting in a floor area ratio of 0.49 in the R-1-8 Single-Family Residence Zoning District, located at 1456 Hopkins Drive (Chandra Vinod And Ben M, Owner). Council District 5. SNI: East Valley/680 Communities. CEQA: Exempt.

SF03-016. Single Family House Permit to allow renovation of the 1st floor and construction of a 2nd floor addition of 1,545 square feet, to an existing 1-story single-family residence on a 0.11 gross acre site resulting in a total floor area ratio of 0.45 in the R-1-8 Single-Family Residence Zoning District, located at 1558 Cathay Drive (Chandra Harish And Shanta D, Owner). Council District 5. SNI: East Valley/680 Communities. CEQA: Exempt.

H03-016. Site Development Permit to construct an 8-unit 9,560 square foot commercial office condominium building on a 1.04 gross acre site in the CP Pedestrian Commercial Zoning District, located at/on the north side of Madeline Drive approximately180 feet northeasterly of North Claremont Avenue (3737 MADELINE DR) (Constructive Investments Llc, Owner/Developer). Council District 5. SNI: None. CEQA: Exempt.

HA83-083-01. Site Development Permit Amendment to allow for a covenant of easement for cross access and ingress/egress associated with a pending Parcel Map Application on a 9.8 gross acre site in the IP Industrial Park Zoning District, located at/on the westerly side of Lundy Avenue approximately 230 feet northerly of Mc Kay Drive (1865 LUNDY AV) (E Tek Dynamics Inc, Owner). Council District 4. SNI: None. CEQA: Exempt.

PT03-065. Planned Tentative Map Permit to subdivide 1 parcel into 6 lots for single-family detached residential uses on a 0.72 gross acre site in the A(PD) Planned Development Zoning District, located at the northeast corner of McLaughlin Avenue and Taper Lane (2020 MCLAUGHLIN AV) (Tony Trieu, Owner). Council District 7. SNI: Tully/Senter. CEQA: Re-use of Negative Declaration. Deferred from 9/10/03.

H03-035. Site Development Permit to allow the construction of an approximately 33,034 square foot addition (consisting of a fourth ice skating rink) to an existing ice skating facility on a 19.34 gross acre site in the R-2 Two-Family Residence Zoning District, located at the southeast corner of East Alma Avenue and South 10th Street (588 E ALMA AV) (City of San Jose, Owner). Council District 7. SNI: None. CEQA: Re-use of Negative Declaration.

H03-008. Site Development Permit to demolish existing 1,299 square foot building and construct 2,607 square foot dental office on a 0.26 gross acre site in the CO Office Commercial Zoning District, located at/on the north side of East Taylor Street approximately 120 feet northeasterly of 3rd Street (131 E TAYLOR ST) (Hiura Dorothy M Trustee, Owner). Council District 3. SNI: None. CEQA: Exempt.

H02-063. Site Development Permit to construct a 4,800 square foot building for retail uses on a 0.47 gross acre site in the CP Pedestrian Commercial Zoning District, located at/on the southeast corner of Keyes Street and South Tenth Street (454 KEYES ST) (Kieu Huynh, Owner). Council District 3. SNI: Spartan/Keyes. CEQA: Exempt. Deferred from 9/10/03.

This concludes the Planning Director's Hearing for September 17, 2003. Thank you.

10:00 a.m. City Council Chambers Room 205 City Hall 801 North First Street San Jose, California

Hearing Officers Darryl Boyd, Principal Planner