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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 ZITO.

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. CP02-049. CONDITIONAL USE PERMIT to allow construction of a 3,784 square-foot drive-through McDonalds restaurant on a 11.6 gross acre site in the CG General Commercial Zoning District, located at/on the east side of Almaden Expressway 500’ northerly of Chynoweth Avenue (4950 Almaden Expwy) (Almaden Properties, LLC., Owner; McDonalds Corporation Rick Richoco, Developer). Council District 9. CEQA: Mitigated Negative Declaration.

DEFERRED TO 3-26-03.

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. The projects being considered are located on the east side of North Capitol      Avenue approximately 600 feet northerly of McKee Road, on a 8.39-gross-acre  site in the CG General Commercial Zoning District (Target Corporation, Owner/Applicant). Council District 5. CEQA: Exempt.

    1. CP03-002. CONDITIONAL USE PERMIT to allow the off-site sale of alcohol at an existing general store.  

    2. ABC03-002. LIQUOR LICENSE EXCEPTION PERMIT for a Type 20 license for the off-site sale of Beer and Wine.

PULLED FROM CONSENT. DENIED (6-0-1; ZITO ABSENT). COMMISSION QUESTIONED APPLICANT REGARDING ON-SITE SECURITY AND TRAINING FOR POSSIBLE ALCOHOL SALES. COMMISSIONERS VOICED CONCERN OVER UNCLEAR PROCESS FOR DETERMINING AREAS OF OVER CONCENTRATION OF OFF-SALE ALCOHOL. COMMISSIONERS AND PUBLIC SPEAKERS EXPRESSED CONCERN REGARDING ANY NEW OUTLET FOR ALCOHOL SALES IN THE AREA OF THE PROJECT.

b. RCP03-003. CONDITIONAL USE PERMIT. for a project located on the north west corner of Santa Clara and 3rd Streets, 97 East Santa Clara Street, on a   0.18 acre site in the CG Zoning District to allow the continued operation of a   public eating and drinking establishment, with entertainment uses between the    hours of 6 AM and 2 AM, daily. (Wagner Buildings, Owner/Developer).   Council District 3. CEQA: Resolution 68839. Deferred from 2-26-03.

 PULLED FROM CONSENT BY COMMISSION. APPROVED (6-0-1; ZITO ABSENT) APPLICANT CLARIFIED CURRENT USE OF PATIO AND HOURS OF OPERATION AND RESPONDED THAT THERE HAVE BEEN NO PROBLEMS DURING THE PAST 3 YEARS.

 c. PDC02-087. PLANNED DEVELOPMENT REZONING from A(PD) Planned Development District and CP Pedestrian Commercial Zoning District to A(PD) Planned Development District to allow up to 20 single-family attached residences on a 1.38 gross acre site, located at/on west side of Bird Avenue approximately 50 feet southerly of W Virginia Street (615 Bird Avenue) (Lawrence and Daryla Silva, 1999 Trust, Greg Blackwell, Mannia Family 1988 Trust, Owners; Greg Blackwell Homes, Inc, Developer.) Council District 6. CEQA: Mitigated Negative Declaration.

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

  d. CP02-067. CONDITIONAL USE PERMIT to construct a 3,585 square-foot kitchen addition to an existing church assembly hall on a 2.13 gross acre site in the R-2 Two-Family Residence Zoning District, located at/on the northwest corner of Locust and Willow Streets (325 Willow Street) (Roman Catholic Welfare Corp of San Jose, Owner; Martha’s Kitchen, Applicant/Developer). Council District 3. CEQA: Exempt.

APPROVED (6-0-1; ZITO ABSENT)

e. The projects being considered are located on the northeast corner of Saratoga Avenue and Campbell Avenue (1600 Saratoga Avenue) on a 2.1-gross-acre site in the CG Commercial Zoning District (Target Corporation, Owners/Developer). Council District: 1. CEQA: Exempt.

1. CP03-001. CONDITIONAL USE PERMIT to allow off-sale of alcoholic beverages (beer and wine) at an existing commercial store 

2. ABC03-001. LIQUOR LICENSE EXCEPTION PERMIT for a determination of public convenience and necessity for a liquor license at the subject premises.

             APPROVED (6-0-1; ZITO ABSENT)    

The following items are considered individually.

4. 6:00 PM Public Hearings

a. Review and Recommendation of the Market-Almaden Strong Neighborhoods Initiative Plan to the City Council. CEQA: San Jose 2020 EIR Addendum. Council District 3.

RECOMMEND APPROVAL (6-0-1; ZITO ABSENT). COMMEND NEIGHBORHOOD FOR HARD WORK.   URGED RESIDENTS TO STAY VIGILANT AND BE DILIGENT, TO STAY INVOLVED AND SEE THE PLAN IMPLEMENTED. COMMISSION FURTHER COMMENTED THAT PLAN SEEMS REALISTIC AND SHOULD BE IMPLEMENTABLE.

b. CPA95-037-01. CONDITIONAL USE PERMIT AMENDMENT for a project located on the northeast corner of West San Carlos Street and Meridian Avenue on a 1.08-gross-acre site in the CG General Commercial Zoning District to allow twenty-four hour operation of a retail store and drive-through pharmacy and associated modifications to the site (Walgreen’s) (DiSalvo Family Partnership, Owner/ Developer). Council District 6. CEQA: Exempt.

APPROVED WITH CONDITIONS (6-0-1; ZITO ABSENT). COMMISSION DISCUSSION REGARD NUMBER OF YEARS PHARMACY OPERATED AT 24 HOURS WITHOUT PERMITS. COMMISSION CONCLUDED POTENTIAL NIGHTIME NOISE AND ACTIVITY WARRANTED REPLACEMENT OF EXISTING FENCE WITH MASONRY WALL ALONG RESIDENTIAL PROPERTY LINE. DEFERRED TO 3-26-03 FOR PREPARATION OF THE RESOLUTION.

a. Study session April 9th at 4:30 p.m. regarding NPDES (National Pollutant Discharge Elimination System) Permit C.3 Provision.

b. Study session April 23rd at 4:30 p.m. with the Parks and Recreation Commission.