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

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.

    DEFERRED TO 3-12-03.

a. CP99-057. ADOPTION OF A RESOLUTION FOR A 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 for preparation of the resolution.

    APPROVED (6-0-1; ZAMORA ABSENT). PULLED FROM CONSENT FOR CLARIFICATION OF CORRECT CONSTRUCTION HOURS. .

b.  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 from 2-12-03.

    DROPPED (6-0-1; ZAMORA ABSENT).

c. SF02-042. SINGLE FAMILY HOUSE PERMIT to convert an existing attic to living space, replace dormers, and relocate an existing laundry room for an existing single-family residence with a maximum height of greater than 30 feet, resulting in 2.5 occupied stories on a 0.15 gross acre site located at 698 Morse Street in the R-1-8 Residential Zoning District (Andre Arms and Theresa Devonshire, Owners/Amisha Shah, Developer). Council District 6. CEQA: Exempt

    RECOMMEND  APPROVAL (5-0-1-1; ZAMORA ABSENT, ZITO ABSTAINED).

d.  CP02-074. Conditional Use Permit for a project located at the southwesterly side of Eden Park Place, approximately 1,100 feet northwesterly of Silicon Valley Boulevard on a 5.20-gross-acre site in the IP Industrial Park Zoning District to allow the conversion of a portion of an existing industrial park building to a church use (The Realty Associates Fund IV, Owner; Evangel Christian Fellowship, Developer). Council District 2. CEQA: EIR Resolution No. 70021.

    APPROVED (6-0-1; ZAMORA ABSENT).

e. CP03-005. Conditional Use Permit for a project located on the west side of Sunol Street approximately 260 feet south of Auzerais Street on a 2.09-gross-acre site in the HI Heavy Industrial Zoning District to allow vehicle auctions and the expansion of surface area for temporary vehicle storage for an existing towing yard (Stan Alongi, Owner/Developer). Council District 6. CEQA: Exempt.

    APPROVED (6-0-1; ZAMORA ABSENT).

f. Street Vacation. Street Vacation of a 16-foot wide strip along the west side of south sixth street from Martha Street to the intersection of Bestor Street in the A(PD Planned Development Zoning District to be incorporated in to the residential development (PDC98-0798 and PD99-027) (Mark C. Ruebsamen of JSM Enterprises, Owner; City of San Jose, Applicant). Council District 3. CEQA: Exempt.

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

g. PDC02-106. PLANNED DEVELOPMENT REZONING from R-M Multiple Residence District to A(PD) Planned Development Zoning District, to allow demolition of an existing single-family detached residence and construction of up to 3 single-family detached residences on a 0.23 gross acre site, located on the east side of South Cypress Avenue approximately 300 feet northerly of Judro Way (392 South Cypress Avenue) (Majid Mohazzab, Owner/Developer). Council District 1. CEQA: Exempt.

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

h. CP01-057. CONDITIONAL USE PERMIT to allow demolition of an existing gasoline service station and construction of an approximately 2,100-square foot gasoline service station and automatic drive-through car wash facility on a 0.7-acre site in the CG Commercial General Zoning District, located at the southeast corner of Saratoga Avenue and Campbell Avenue (Chevron USA, owner/developer). Council District: 1. CEQA: Exempt.

    APPROVED (6-0-1; ZAMORA ABSENT).

i.  RCP03-001. A CONDITIONAL USE PERMIT for a project located approximately 100 feet south of San Salvador on South First Street, 420 South First Street on a 0.34 acre site in the CG Zoning District to allow the continued operation of a pool hall and café/bar between the hours of 6 AM and 2 AM, daily (Richard Berg, Owner/Developer). Council District 3. CEQA: Resolution 68839.

    APPROVED (6-0-1; ZAMORA ABSENT)

j.  C03-008. Director Initiated Rezoning from LI Light Industrial Zoning District to CP Commercial Pedestrian Zoning District to facilitate the reopening of City Landmark No. 121 (5 Spot) as an eating establishment on a 0.23 gross acre site, located at/on southwest corner of South 1st Street and Sutter Street (869 S 1ST ST) (David G. Silva, Owner/City of San Jose, Applicant). Council District 3. CEQA: 2020 General Plan EIR Resolution No. 65459.

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

The following items are considered individually.

    UPHELD THE MITIGATED NEGATIVE DECLARATION AND  APPROVED THE PROJECT (5-1-1; LEVY OPPOSED, ZAMORA ABSENT). THE COMMISSION DISCUSSED NEIGHBORHOOD CONCERNS REGARDING TRAFFIC, HOURS OF OPERATION, PROXIMITY TO OTHER DAYCARE CENTERS. COMMISSION DIRECTED STAFF TO WORK AT PERMIT ADJUSTMENT STAGE TO FINALIZE LANDSCAPING AND FENCING DETAILS.

b. CP02-052. Conditional Use Permit to allow conversion of an existing warehouse to a 16,000 square foot social services agency on a 1.0 gross acre site. in the LI Light Industrial Zoning District, located at/on the northwest corner of Commercial and North 7th Streets (297 Commercial Street) (Innvision the Way Home, Owner/Allan France, Construction Management, Developer). Council District 3. CEQA: Exempt.

    COMMISSION COMMENDED THE PROJECT PROPONENTS FOR PROVIDING THIS NEEDED COMMUNITY FACILITY, APPROVED (6-0-1; ZAMORA ABSENT).