1/22/03 Planning Commission Agenda

Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

Wednesday, January 22, 2003

Evening Session
Council Chambers, City Hall
801 North First Street
San Jose, California

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 LEVY.

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.

a. CP02-026. PREPARATION OF THE RESOLUTION FOR CONDITIONAL USE PERMIT for a project located on the north side of Capitol Expressway approximately 200 feet easterly of Old Almaden Road (919 W. Capitol Expressway) on a 4.5-gross-acre site in the CG Commercial Zoning District, to allow demolition of an existing automobile dealership (Capitol Ford) and construction of an approximately 65,200-square-foot facility for automobile sales and service (Simon and Phyllis Kleinman, Owners; Sonic Automotive Group, Developer). Council District: 6. CEQA: Mitigated Negative Declaration. Continued from 12-11-02 for preparation of the resolution.

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

b. VACATION OF A PORTION OF A PUBLIC STREET. The vacation of a portion of N. Eighth Street, along the eastern side of the right-of-way, between E. Mission and E. Hedding Streets. (HMH Inc., Applicant; 880 North Eighth Street Associates, Owner). Council District 3. CEQA: Negative Declaration.

RECOMMEND APPROVAL (6-0-1; LEVY ABSENT).

c. PDC02-020. Planned Development Rezoning from A Agriculture District to A(PD) Planned Development District to allow construction of 2 single-family residences on a 0.62 gross acre site, located at/on south side of Story Lane at the intersection of Schramm Way (10671 Story Lane) (Sky River Investments Mike Miroyan, Owner/Developer). Council District 5. CEQA: Negative Declaration.

DEFERRED TO 2-12-03.

d. CP02-072. Conditional Use Permit to allow wireless communications monopole on a 10.0 gross acre site in the R-1-1 Single-Family Residence District, located at/on the northeast corner of Highway 85 and Highway 87 (SJ Unified, Owner; CINGULAR, Developer). Council District 10. CEQA: Exempt .

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

e. CP02-062. Conditional Use Permit for a project located at the southerly side of Great Oaks Boulevard, approximately 250 feet easterly of Via del Oro on a 3.02-gross-acre site in the IP-Industrial Park Zoning District for allowing a social service agency and associated programs in an existing building (Great Oaks, LLC, Owner; Advent Group Ministries, Developer). Council District 2. CEQA: EIR Resolution No. 70021.

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

f. PDC02-034. Planned Development Rezoning from R-1-8 Residence Zoning District to A(PD) Planned Development District to allow up to 5 single-family detached residences and 1 existing single-family detached-residence on a 0.95 gross acre site, located at/on southwest corner of Custer Drive and Curtner Avenue (2535 Custer Dr.) (Sean & Daniel McNiff, ET AL, Owners; Demattei & Cullen Development, LLC, Developer).. Council District 9. CEQA: Exempt.

RECOMMEND APPROVAL (6-0-1; LEVY ABSENT). PULLED FROM CONSENT BY PUBLIC FOR DISCUSSION REGARDING TREE PLANTING TO SCREEN EXISTING WIRES ALONG PROPERTY LINE.

g. CP02-041. Conditional Use Permit to allow 250 square foot utility facility with emergency backup generator, off-street parking and landscaping on an existing church property on a 6.01 gross acre site in the R-1-5 Single-Family Residence Zoning District, located at/on the south side of Silverland Drive approxomately 100 feet westerly of Foxboro Place (2932 SILVERLAND CT) (Evergreen Valley United Methodist Church, Owner; AT&T Broadband, Applicant). Council District 8. CEQA: Exempt.

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

h. CP99-057. Conditional Use Permit for the removal of two buildings, a gas station and a vehicle repair service building and the construction of a new gas station that includes a 1,023 square-foot building, six pumps with associated canopy, and one underground tank on a 1.39 gross acre site in the HI Heavy Industrial Zoning District, located at the northeast corner of Commercial Street and Oakland Road. (Sebastian/Francis Nola, Owner; Nella Oil, Developer). Council District 4. CEQA: Negative Declaration.

DEFERRED TO 2-12-03.

The following items are considered individually.

4. 6:00 PM Public Hearings

a. Final Supplemental Environmental Impact Report (File No. PP02-226) to update the Norman Y. Mineta San Jose International Airport (SJC) Master Plan to allow the construction of the Off-Airport Elevated Automated People Mover (APM) which will be located between the SJC and the Santa Clara Valley Transportation Authority (VTA) Metro/Airport Light Rail Transit (LRT) Station on North First Street. The APM is intended as a mitigation measure for SJC-generated traffic and air quality impacts by providing a non-roadway mode of access to and from the Airport for air passengers and employees. The SEIR also contains an update to the noise analysis that was contained in the 1997 EIR (SCH# 1995073066).

CERTIFIED EIR (6-0-1; LEVY ABSENT). STAFF CLARIFIED CITY WILL MONITOR PARKING NEAR PEOPLE MOVER STATION WHEN OPERATION COMMENCES.

b. C02-088. Conforming Conventional Rezoning from CN Neighborhood Commercial and CP Pedestrian Commercial Zoning Districts to CP Pedestrian Commercial and CN Neighborhood Commercial Zoning Districts on a 26.7 gross acre site located at the southeast and southwest corners of Story and South King Roads (1604 Stord Rd) to facilitate future development of properties consistent with the City’s General Plan (San Jose Redevelopment Agency Initiated). Council District 5 and 7. CEQA: EIR Resolution 64589.

RECOMMEND APPROVAL (6-0-1; LEVY ABSENT). STAFF CLARIFIED DISTINCTIONS BETWEEN COMMERCIAL ZONING DISTRICTS IN TERMS OF SETBACKS AND BUILDING SIZE./strong>

c. PDC02-068. PLANNED DEVELOPMENT REZONING of the property located on the south side of Woodard Road approximately 150 feet easterly of Starview Drive, from R-1-8 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to 5 single-family detached residential units on a 0.63 gross acre site (FMA Development, LLC, Owner/Developer). Council District 9. CEQA: Exempt.

RECOMMEND APPROVAL (6-0-1; LEVY ABSENT). COMMISSION DISCUSSED ADEQUACY OF PARKING IN RESPONSE TO NEIGHBORHOOD CONCERNS. STAFF INDICATED IMPROVEMENTS TO WOODARD ROAD WOULD ALLOW FOR SIX USABLE SPACES AND WOULD IMPROVE SAFETY AT SCHOOL ACROSS THE STREET.

d. PDC02-083. PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of S. Third and E. William Streets, from R-M Multiple Residence Zoning District to A(PD) Planned Development Zoning District, to allow an eleven-bed emergency shelter, 5,200 square feet of administrative space, and up to 9 multi-family attached dwelling units on 0.4 gross acres (City of San Jose Redevelopment Agency, Owner/Emergency Housing Consortium, Developer). Council District 3. CEQA: EIR Resolution #68839.

DEFERRED TO 2-12-03.

e. PDC02-077. PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of N. First and E. Julian Streets, from LI Light Industrial Zoning District to A(PD) Planned Development Zoning District, to allow up to 40 single-family attached dwelling units on 0.60 gross acres (City of San Jose Redevelopment Agency, Owner/ Regis Homes of Northern California, Developer). Council District 3. CEQA: EIR Resolution #68839. Deferred from 12-11-02.

    RECOMMEND APPROVAL (6-0-1; LEVY ABSENT). COMMISSION DISCUSSION REGARDING COMPATIBILITY OF PROPOSED BUILDING WITH EXISTING ADJACENT HISTORIC STRUCTURES. STAFF CLARIFIED MODIFICATIONS ALREADY MADE TO INCREASE SETBACKS WERE SUFFICIENT, AND THAT BALALNCE OF HISTORIC PRESERVATION AND DOWNTOWN URBAN DESIGN GOALS ARE MET.
5. Petitions and Communications

    MAY 14TH STUDY SESSION OVERVIEW OF THE CAPITAL IMPROVEMENT PROGRAM AND COMMISSION MEETING CANCELLED. ADDED NEW MEETING MAY 7TH. CIP STUDY SESSION AT 4:30. MEETING AT 6:00.
6. Refferals from City Council, Boards, Commissions or Other Agencies
7. Good and Welfare

a. Report from the City Council

    NO REPORT GIVEN.

b. Commissioner's reports from Committees:

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

    NO REPORT GIVEN.

Coyote Valley Specific Plan (Platten)

    PLATTEN GAVE REPORT ON COYOTE VALLEY TASK FORCE.

8. Adjournment

Evening Session Council Chambers, City Hall 801 North First Street San Jose, California 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

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.

Note: If you have any agenda changes, please contact Linda LaCount linda.lacount@sanjoseca.gov

Evening Session
Council Chambers, City Hall
801 North First Street
San Jose, California

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