Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

                SYNOPSIS

- Wednesday, February 12, 2003

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 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.

a. 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 2-26-03.

b. RCP02-010. CONDITIONAL USE PERMIT for a project located at the east side of South First Street south of East San Carlos Street and north of San Salvador Street (380 South First Street) within a tenant space on a .09 gross acre site in the (CG) Commercial General and (DG) Ground Floor Retail Zoning Districts to allow a new restaurant and bar to operate between the hours of 12:00am and 2:00am. Live entertainment has also been requested as a part of the application (Stella De La Rosa, Owner/Pete Janssen, Developer). Council District 3. CEQA: Downtown Strategy Plan Resolution No. 68839. Deferred from 9-25-02, 10-9-02, 10-23-02, 11-13-02 and 12-11-02.

DROPPED.

c. The project being considered is located on the east side of Bose Lane approximately 100 feet southerly of Culligan Boulevard on an approximately 0.94-gross-acre site in the R-1-8 Residence Zoning District (St. Basil The Great Greek Orthodox Church, Owner/ Developer). Council District 10.

DEFERRED TO 2-26-03.

    1. CP02-10-002. Protest of a Mitigated Negtive Declaration. 

    2. CP02-10-002. CONDITIONAL USE PERMIT site in the R-1-8 Residence Zoning District to allow a 3,500-square-foot building addition to an existing church for a childcare facility for up to 68 children and Sunday school classrooms.

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. ST03-001. STREET RENAMING FOR TRACT 9349 FROM COLLEGE PARK DRIVE, WAY, AND PLACE TO BURNETT DRIVE, WAY, AND PLACE located on the east side of North Market Street approximately 300 feet northerly of Bassett Street (Pulte Home Corporation, Owner/Applicant). Council District 3. CEQA: Exempt.

    RECOMMEND APPROVAL (6-0-1; ZAMORA ABSENT) WITH APPLICANT'S REQUEST TO WITHDRAW BURNETT DRIVE, WAY, AND PLACE AND REPLACE WITH REVISED PROPOSAL OF RYLAND DRIVE, WAY AND PLACE.

b. STREET VACATION. STREET VACATION OF A 0.02 ACRE PORTION OF OLD BAYSHORE HIGHWAY approximately 210 feet westerly of North 13th Street in the Heavy Industrial Zoning District to facilitate the construction of public right-of-way improvements and to incorporate excess property into the previously approved site permit (H00-09-076) (Pavone & Pena LLC, Owner; City of San Jose, Applicant). Council District 4. CEQA: Exempt.

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

c. STREET VACATIONS. STREET VACATION OF A 0.2 ACRE PORTION OF LIBERTY STREET on the southerly side of Moffat Street in the CN Commercial Neighborhood Zoning District (Alviso Planned Community) (Santa Clara Valley Water District, Owner; City of San Jose, Applicant) and the STREET VACATION OF A 0.4 ACRE PORTION OF MILL COURT, westerly of the terminus of Hope Street in the LI Light Industrial Zoning District (Alviso Planned Community) (United States of America, Owner; City of San Jose, Applicant). Council District 4. CEQA: Exempt.

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

d. PDC02-098. PLANNED DEVELOPMENT REZONING of the property located on the south side of Murphy Avenue approximately 400 feet easterly of Oakland Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow the operation of a 6,000 square foot banquet hall in an existing 40,000 square foot warehouse and office building on 4.01 gross acres (Bob Dhillon, Owner/Developer). Council District 4. CEQA: Exempt.

    RECOMMEND APPROVAL (5-0-1-1; ZAMORA ABSENT, DHILLON ABSTAINED). PULLED FROM CONSENT FOR CLARIFICATION REGARDING HOURS OF OPERATION.

e. CP02-065. CONDITIONAL USE PERMIT for a project located at the southerly side of Santa Teresa Boulevard, approximately 430 feet easterly of Cottle Road on a 3.64-gross-acre site in the CP-Pedestrian Commercial Zoning District for allowing 24-hour operation for a fitness/health club in an existing building (Camino Verde Associates, LP, Owner; 24 Hour Fitness, Developer). Council District 2. CEQA: Exempt.

    APPROVED (6-0-1; ZAMORA ABSENT).

f. CPA01-069-01. CONDITIONAL USE PERMIT AMENDMENT to allow a 160 square-foot expansion of a previously approved residential unit in a mixed use building (File #CP01-069) on a 0.14 gross-acre site in the CN Neighborhood Commercial Zoning District, located at/on the southeast corner of South 11th Street and East San Carlos Street (300 S 11TH ST) (Carl and Marianne Salas et al., Owners/Developers). Council District 3. CEQA: Exempt.

   APPROVED (6-0-1; ZAMORA ABSENT).

g. CP02-043 CONDITIONAL USE PERMIT for a project located at the southwest corner of Forest Avenue and North Monroe Street on a 16.33-gross-acre site in the CG General Commercial Zoning District for installation of (6) six wireless communication antennas and associated equipment mounted on the roof of an existing shopping center. (Westfield America, Inc., Owner; Victoria Willcox, Developer). Council District 6. CEQA: Exempt.

    APPROVED (6-0-1; ZAMORA ABSENT).

 

The following items are considered individually.

 

4. 6:00 PM Public Hearings

a. 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 a 10-bed emergency homeless shelter; a 10-bed residential service facility with two resident staff; a 4,500 square-foot social services agency; a 850 square-foot community center/classroom space; and five multi-family attached residential 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 from 1-22-03.

    RECOMMEND APPROVAL (6-0-1; ZAMORA ABSENT). THE COMMISSIONERS HEARD A SUBSTANTIAL ACCOUNT OF PUBLIC TESTIMONY IN SUPPORT AND OPPOSITION TO THE PROJECT, EHC PROGRAM, AND PROPOSED LOCATION.

b. 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 from 1-22-03.

    APPROVED (5-1-1; ZITO OPPOSED, ZAMORA ABSENT). DEFERRED TO 2-26-03 FOR PREPARATION OF THE RESOLUTION WITH REVISED CONDITION ALLOWING CONSTRUCTION ON SATURDAY FROM 9AM TO 5PM.

 

5. Petitions and Communications

a.     Proposed study session March 17, 2003, regarding Airport Master Plan           Amendment.

        APPROVED (6-0-1 ZAMORA ABSENT).