2/26/03 Planning Commission Agenda

Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

SYNOPSIS

Wednesday, April 9, 2003

Study 4:30 p.m
NPDES (National Pollutant Discharge Elimination System)
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 and 3-26-03.

    DEFERRED to 4-23-03.

b. CP02-012. CONDITIONAL USE PERMIT to allow the demolition of an existing 2,700 square foot single-family residence and the construction of a new 5,700 square foot single-family residence on a 91.5 gross acre site in the A Agricultural Zoning District, located on the north side of Sierra Road approximately 7,000 feet easterly of Old Piedmont Road (Sierra Skyland, LP., Owner/Developer). Council District 4. CEQA: Exempt.

   DROPPED.

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. STREET VACATION. VACATE PORTIONS OF HOPPE AVENUE, BERNICE, MOFFAT, VICTORIA AND WASHINGTON STREETS, AN UNNAMED STREET AND ALLEYS LOCATED ON THE SOUTH SIDE OF NORTH FIRST STREET AND EASTERLY OF LIBERTY STREET in the CN Commercial Neighborhood Zoning District (Alviso Planned Community) (Sainte Claire Corp. & GTE Mobilenet, Owner/Boccardo Properties, Applicant). Council District 4. CEQA: Exempt.

    RECOMMEND APPROVAL (7-0).

b. 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.

    APPROVED (7-0).

c. RCP03-004. CONDITIONAL USE PERMIT for a project located on the east side of Almaden Avenue between West Santa Clara Street and Post Street on a 0.25-gross-acre site in the Commercial General (CG) Zoning District to allow a public drinking establishment with live entertainment to operate between the hours of 6:00am and 2:00am. (William and Aloha Gallagher, Owner; Corey O'Brien, Applicant). Council District 3. CEQA: EIR Resolution No. 68839.

    APPROVED (7-0).

e. CP03-009. CONDITIONAL USE PERMIT to allow the addition of two evaporation ponds and three storage bins at an existing public utility facility on a 17-acre site in the R-1-8 Single-Family Residence Zoning District, located at the northwest corner of San Tomas Expressway and Williams Road (San Jose Water Company, Owner). Council District 1. CEQA: Exempt.

    CONTINUED TO 4-23-03. PULLED FROM CONSENT BY THE PUBLIC. COMMISSION CONTINUED ITEM SO THAT A COMMUNITY MEETING COULD BE HELD, AND ADDITIONAL STAFF REPORT PREPARED REGARDING NEIGHBOR CONCERNS RAISED: TRUCK CIRCULATION, TRUCK BACK-UP-HORN NOISE, MAXIMUM QUANTITY OF MATERIAL TO BE STORED, LIGHT FROM TRUCK HEADLIGHTS, PROBABLE HOURS OF OPERATION, AND POTENTIAL FOR SOIL CONTAMINATION.

f. The projects being considered are located on a 6.2-acre site in the CG Commercial General Zoning District, at the northwest corner of Prospect Road and Saratoga Avenue (West Valley Shopping Center, property owner; PW Supermarkets, developer). Council District: 1. CEQA: Exempt.

     1. CP03-020. CONDITIONAL USE PERMIT to allow the sale of alcoholic beverages for off-site consumption at an existing supermarket (under construction)

     2. ABC03-006. LIQUOR LICENSE EXCEPTION PERMIT for a determination of public convenience or necessity for the sale of alcoholic beverages at the subject premises

    APPROVED (7-0). COMMISSIONER ZITO REQUESTED CLARIFICATION OF CITY RESPONSE TO ANY FUTURE ALCOHOL-RELATED "NUISANCE". COUNSEL RESPONDED THAT STAFF WOULD FULLY INVESTIGATE ANY COMPLAINT TO DETERMINE APPROPRIATE RESPONSE.

The following items are considered individually.

4. 6:00 PM Public Hearings

a. PP03-03-082. PUBLIC PROJECT. MAJOR AMENDMENT TO THE SAN JOSE INTERNATIONAL AIRPORT MASTER PLAN UPDATE to allow (1) future construction of general aviation facilities for up to 40 based aircraft on 6 acres on the west side of the Airport between the existing San Jose Jet Center leasehold and the FAA Air Traffic Control Tower leasehold and, (2) the relocation of future employee parking from the previously approved employee parking garage on the west side of the Airport adjacent to the Air Traffic Control Tower to the existing Terminal A garage upon the completion of the new central terminal and public parking garages. CEQA: Resolution No. 67380 and 71451.

    Recommend Approval (7-0).

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 from 3-26-03.

    UPHELD DIRECTOR'S DECISION TO APPROVE (7-0) WITH DELETION OF CONDITION 7 TO REQUIRE TEMPORARY CLOSURE OF HATTON. 20+ BUSINESS OWNERS/PATRONS SPOKE ON NEED TO MAINTAIN HATTON ACCESS OPEN, AND SUGGESTED SANTANA ROW CONSIDER TRUCK WEIGHT LIMITS; EXPRESSED CONCERN ABOUT TIMEFRAME FOR "TEMPORARY" (3-5 YEARS?). THE COMMISSION REQUESTED STAFF DRAFT A MEMO TO CITY COUNCIL TO INDICATE THEY CONSIDER THE FUTURE USE OF HEMLOCK AVENUE AND HATTON AVENUE AS SANTANA ROW IS COMPLETED. THE COMMISSION ALSO ENCOURAGED SANTANA ROW TO WORK WITH EMPLOYEES AND SUPPORT SERVICE TRUCKS TO KEEP THEM FROM USING HATTON AVENUE AND WORK TO PROVIDE TRAFFIC CALMING.
5. Petitions and Communications

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. Possible retreat topics

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