2/26/03 Planning Commission Agenda

Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

SYNOPSIS

Wednesday, March 26, 2003

Study 4:30 p.m
Airport Master Plan Major Amendment
(Jet Center Expansion)
Room 400, City Hall, City Hall

Evening Session 6:00 p.m.
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.

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. PDC00-115. Planned Development Rezoning from R-M Multiple Residence District to A(PD) Planned Development District to allow the demolition of an existing single family residence and construction of three townhomes on a 0.14 gross acre site, located at/on the west side of South 11th Street approximately 140 feet north of Margaret Street (671 S 11TH ST) (Raymond Ruiz, Owner/Developer). Council District: 3. CEQA: Exempt. Deferred from 2-26-03.

    DEFERRED TO 4-9-03.

b. ~~PDSH02-031~~ PDSH03-008. APPEAL of the Planning Director's decision to approve a Planned Development Permit to allow a third level addition to a previously approved two-level parking garage on a 3.46 acre site and to limit access from Hemlock Avenue to Hatton Street to emergency vehicle access only. (FRIT San Jose Town & Country Village, LLC/San Jose Residential Inc., Owner/Developer.) Council District 6. CEQA: EIR Resolution No. 68210.

   DEFERRED TO 4-9-03.

c. CPA01-080-01. Conditional Use Permit Amendment to allow relocation of a 54-foot high clock tower to the rear of shopping center and to eliminate an approved ancillary equipment shelter on a 14.10 gross acre site in the CG General Commercial Zoning District, located at/on the northeasterly side of White Road approximately 300 feet northwesterly of the intersection of White Road and Story Road (1054 S White Road) (Pacific San Jose Holdings, LP, American Assets, Inc. Tim Parker, Owners/Developers? Council District 5. CEQA: Exempt.

   DEFERRED TO 4-9-03.

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. C03-013. Director Initiated rezoning of the property located on the northeast corner of Rhodes Court and The Alameda, from CG Commercial General and LI Light Industrial Zoning Districts to CP Commercial Pedestrian District to allow commercial uses on a 0.81 gross acre site (John H. Boccardo & Leanne B. Rees & Boccardo Trust Owners). Council District 6. CEQA: GP 2020 EIR.

     RECOMMEND APPROVAL (7-0-0).

b. RCP02-018. Conditional Use Permit for a project located on the west side of South Second Street between Santa Clara Street and San Fernando Street on a 0.060-gross-acre site in the Commercial General (CG) Zoning District to allow live entertainment, after midnight use till 2:00 am, and a sidewalk cafe (Second Street 88 - Collin Cheung, Owner; David Powell, Developer). Council District 3. CEQA: EIR Resolution No. 68839.

    APPROVED (7-0-0) .

c. RCP03-002. Conditional Use Permit for a project located at the northwest corner of East Santa Clara Street and North Second Street on a 0.145-gross-acre site in the Commercial General (CG) Zoning District to allow the combination of commercial ground floor uses with residential units above (Dr. James K. Eu, Owner and Developer). Council District 3. CEQA: EIR Resolution No. 68839.

     APPROVED (7-0-0) .

d. CPA95-037-01. ADOPTION OF A RESOLUTION FOR A 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. Deferred from 3-12-03 for preparation of the resolution.

     APPROVED (7-0-0) .

e. CP02-038. CONDITIONAL USE PERMIT to convert a 1,890 square foot single-family residence to a church, including an addition of 220 square feet, construction of ten parking spaces and the demolition of a 570 square foot carport in the R-1-5 Residential Zoning District, located at the southwest corner of South White Road and Markingdon Avenue (Holy Cross Romanian Orthodox Church, Owner/Developer). Council District 05. CEQA: Exempt.

   DEFERRED TO 5-28-03.

f. PDC 02-085. PLANNED DEVELOPMENT REZONING of the property located on the easterly side of Monterey Highway, approximately 100 feet southerly of Blossom Hill Road (5502 Monterey Highway), from A (PD) Planned Development Zoning District to A (PD) Planned Development Zoning District, to allow an approximately 5,150 square foot stockroom expansion to an existing retail building on approximately 9.15 gross acres (Pan Pacific Realty Corporation, Owner; Wal-Mart Stores, Inc., Developer). Council District 2. CEQA: Exempt.

    RECOMMEND APPROVAL (7-0-0). STAFF RESPONDED TO AREA RESIDENT CONCERNS RECEIVED VIA EMAIL REGARDING LIGHTING, STORAGE BINS, SITE RECYCLING BINS AND CONSTRUCTION STAGING. STAFF INDICATED ISSUES WOULD BE REVIEWED AND RESOLVED AT THE PD PERMIT STAGE.

g. 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 from 3-12-03.

     APPROVED (5-2; ZITO AND LEVY OPPOSED). PULLED FROM CONSENT BY PUBLIC. NEIGHBORHOOD RESIDENTS CONCERNED REGARDING POTENTIAL FOR LATE NIGHT NOISE IMPACTS. COMMISSION CONSIDERED ALTERNATE HOURS FOR DRIVE-THRU USE, RESTRICTING TO 10:00 PM SUNDAY TO THURSDAY, BUT APPROVED STAFF RECOMMENDED HOURS TO MIDNIGHT SEVEN DAYS.

h. CP02-069. Conditional Use Permit to construct 3,550 square foot classroom addition to an existing church on a 2.88 gross acre site in the A Agricultural Zoning District, located at/on the south side of Yerba Buena Road approximately 500 feet westerly of San Felipe Road (2750 Yerba Buena Road) (Evergreen Valley Church, Owner/Developer). Council District 8. CEQA: Mitigated Negative Declaration.

     APPROVED (7-0-0).

The following items are considered individually.

4. 6:00 PM Public Hearings

a. ORDER TO SHOW CAUSE for failure to comply with the requirements for land use permit File Nos. PD 98-016, PDA 98-016-01, PDA 98-016-02, PDA 98-016-03. PDA 98-016-04, PD 99-022, & PD 99-030 on property located at the easterly terminus of Skyway Drive, easterly of Monterey Highway. The owner of the property failed to comply with the following:

   Diamond Heights Drive has never been improved as required to the satisfaction of the Director of Public Works.

   A Planned Development permit was never submitted or approved for temporary storage containers located at the westerly and easterly ends of the subject site, and adjacent to the football field.

   A gate has never been installed at the easterly driveway adjacent to Diamond Heights Drive and access is not limited to just emergency vehicles.

   Fencing along the easterly side of the site including a metal gate at the tennis courts has not been installed.

   Landscape plantings are missing in various locations on the site, including vines in and along wall areas, trees in parking lots, and shrubs/plant material.

   Implementation and maintenance of a pedestrian access trail from Skyway Drive at the easterly property line to the southerly property line at Dana Rock Park has not occurred.

   Required installation of a security gate, including a lock box approved by the Fire Department to control access to the driveway at the northeasterly corner of the project gate has not occurred.

   The required installation of a decomposed granite pathway with steps from the gymnasium to the tennis courts

   and other associated improvements have not been installed therefore,

    the San Jose Planning Commission will consider an Order to Show Cause why the Land Use Permits shall not be revoked, modified, or amended. (Valley Christian School, Owner). Council District 2. CEQA: EIR Resolution No. 65245. SP02-029.

    REVOKED AND REISSUED PERMIT (7-0-0). STAFF CLARIFIED THAT COMPLIANCE ISSUES HAVE ALMOST 18-MONTH HISTORY. STAFF INDICATED THAT PENDING DEVELOPMENT APPLICATIONS SHOULD BE "ON HOLD" FOR FULL COMPLIANCE. COMMISSION INCREASED STAFF RECOMMENDED 90-DAY TIMEFRAME TO 120 DAYS TO ENSURE FULL COMPLIANCE, AND ADMONISHED APPLICANT TO FULFILL ALL PERMIT OBLIGATIONS.

b SP02-029 APPEAL of the Planning Director's decision to approve a Special Use permit for a project located at the southeast corner of S. Twenty-fourth Street and Peach Court on a 0.16-gross-acre site in the LI Light Industrial Zoning District to allow an outdoor vending facility at an existing locksmith’s shop (David George, Owner/Developer). Council District 3. CEQA: Exempt.

    UPHELD THE DIRECTOR'S DECISION TO APPROVE (6-1-0; ZITO OPPOSED). COMMISSION DISCUSSION REGARDING ONGOING SITE OUTDOOR STORAGE ISSUES. CODE ENFORCEMENT STAFF CONFIRMED CLEAN UP WOULD COMMENCE WITH OR WITHOUT PERMIT, ALTHOUGH NEW USE FOR PROPERTY WOULD BE GOOD INCENTIVE FOR OWNER TO CLEAN UP SITE.
5. Petitions and Communications

    DISTRIBUTED NOTICE OF PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE CIVIC PLAZA PARKING STRUCTURE IN DOWNTOWN SAN JOSE (PP03-03-088).

6. Referrals from City Council, Boards, Commissions or other Agencies

7. Good and welfare

a. Report from the City Council:

b. Commissioner's reports from Committees:

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

Coyote Valley Specific Plan (Platten)

c. Report on Compliance Review for Cal Waste Solutions (1005 Timothy Drive)

    COUNCILMEMBER REED HAS ONGOING MEETINGS WITH NEIGHBORHOOD TO WORK TOWARD TIMELY AND RESPONSIVE COMPLIANCE. COMMISSION COMMENDED REPORT BY STAFF.

d. Possible retreat topics

    LIST OF TOPICS TO BE BROUGH BACK 4-9-03.

e. PBCE Employee Recognition Picnic

8. Adjournment

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