4/23/03 Planning Commission Agenda

Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

SYNOPSIS

Wednesday, April 23, 2003

Study Session 4:30 p.m
Joint Meeting with Parks and Recreation Commission
Room 400, City Hall, City Hall

Evening Session 6:00 p.m.
Room 106
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. Continued from 2-26-03, 3-26-03 and 4-9-03.

    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. RCP03-007. Conditional Use Permit for a project located on the north side of West San Fernando Street between Almaden Avenue and South San Pedro (157 West San Fernando Street) on a 0.060-gross acre site in the Commercial General (CG) and Ground Floor Retail (DG) Zoning Districts to allow a dinner theater to have after midnight use till 2:00 am with live entertainment and alcohol service (Charles Hackett, Owner; Amy Connors - Big Lil's, Developer). Council District 3. CEQA: EIR Resolution No. 68839.

    APPROVED (7-0).

b. VACATION OF A PORTION OF Lenzen Avenue, from approximately 350 feet east of Stockton Avenue to the easterly terminus of Lenzen Avenue adjacent to the Southern Pacific Transportation property (Peninsula Corridor Joint Powers Board, Applicant). Council District 6. CEQA: Exempt.

    RECOMMEND APPROVAL (7-0).

c. PDC02-078. PLANNED DEVELOPMENT REZONING located at the southeast corner of Madden Avenue and South Jackson Avenue from R-1-8 Residential Zoning District and R-M Residential Zoning District to A(PD) Planned Development Zoning District, to allow up to 65 dwelling units, single-family-attached residential units on a 0.94 gross acre site (Falk Construction, Owner/Developer). Council District 5. CEQA: Negative Declaration. Deferred from 3-17-03. CP02-057.

    RECOMMEND APPROVAL (7-0).

d. CP02-057. Conditional Use Permit to allow additions to an existing school and church totaling 20,500 square feet on a 9.27 gross acre site in the R-1-1 Residence Zoning District, located at/on the east side of Pearl Avenue approximately 220 feet southeasterly of Adamo Drive (4850 Pearl Avenue) (Roman Catholic Bishop of San Jose, Owner/ Developer). Council District 9. CEQA: Exempt.

    APPROVED (7-0). PULLED FROM CONSENT BY NEIGHBORHOOD RESIDENT. STAFF CLARIFIED NUMBER OF STUDENTS NOT INCREASING SO NO NEW TRAFFIC IMPACTS. COMMISSION ENCOURAGED ONGOING EFFORTS TO CALM EXISTING TRAFFIC IN AREA

e. PDC03-002. Planned Development Rezoning from LI Light Industrial District to A(PD) Planned Development District to allow up to 15 affordable multi-family attached, residential units on a 0.45 gross acre site, located on the easterly side of Monterey Highway approximately 950 feet northerly of Blossom Hill Road (5350 Monterey Rd.) (Ebrhim Kaabipour, Shahla Kaabipour, Owners; Eden Housing, Inc. Christine Benguiat, Developer). Council District 2. CEQA: Mitigated Negative Declaration.

    RECOMMEND APPROVAL (7-0). PULLED FROM CONSENT BY COMMISSION. STAFF CLARIFIED ALLOWED USE RESTRICTED TO DEVELOPMENTALLY DISABLED RESIDENTS ALLOWING REDUCED PARKING. ENVIRONMENTAL CONSULTANT CLARIFIED THAT CLEAN-UP OF SITE FOLLOWING GAS TANK REMOVAL IS COMPLETE FOR RESIDENTIAL USE.

f. VACATION OF A PORTION of the southerly side of Hedding Street, approximately 100 feet west of Park Avenue. (Jon Nelson, Applicant; Rosegarden Courtyards LLC, Owner). Council District 6. CEQA: Negative Declaration.

    RECOMMEND APPROVAL (7-0).

4. 6:00 PM Public Hearings

a. PD02-061. APPEAL of the Planning Director's decision to APPROVE a permit for a project located at the southeast corner of Miller and Asbury Streets on a 0.89-gross-acre site in the A(PD) Planned Development Zoning District for a mixed use project consisting of up to 67 attached dwelling units and 6,600 sq.ft. of ground floor commercial uses (Green Valley Corp, Owner/Developer). Council District 3. CEQA: Mitigated Negative Declaration.

UPHELD THE DIRECTOR'S DECISION TO APPROVE (7-0). COMMISSION DISCUSSION ON SUN/SHADOW STUDY, AND ENVIRONMENTAL REVIEW PROCESS FOR CHANGED PROJECTS. STAFF CLARIFIED AN ADDENDUM TO THE NEGATIVE DECLARATION HAD BEEN PREPARED TO ASSESS INCREASE IN COMMERCIAL SQUARE FOOTAGE.

b. 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 from 4-9-03.

CONTINUED TO 5-7-03.

5. Petitions and Communications

a. DISTRIBUTED Draft EIR for the FMC Planned Development Rezoning (PDC98-104) to allow the redevelopment of an approximately 92.5-acre site bounded by Coleman Avenue to the northeast, Newhall Street to the southeast, Southern Pacific Railroad lines to the southwest, and the jurisdictional boundary of the City of Santa Clara to the northwest 4-17-03.

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

a. Referral from Redevelopment Agency and Historic Landmarks Commission to review the proposed Downtown San Jose Historic District Design Guidelines for the area generally bounded by Santa Clara, Fourth, San Fernando, and Market Streets, and provide recommendation(s) to the San Jose Redevelopment Agency Board and City Council. Council District 3.

DEFERRED TO 5-7-03.

7. Good and welfare

a. Report from the City Council:

NO REPORT GIVEN

b. Commissioner's reports from Committees:

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

NO REPORT GIVEN.

Coyote Valley Specific Plan (Platten)

NO REPORT GIVEN.

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