Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

SYNOPSIS

Wednesday, May 7, 2003

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. CP02-008. Conditional Use Permit requesting outdoor eating in conjunction with an existing restaurant on a 0.4 gross acre site in the CN Neighborhood Commercial Zoning District, located at/on the south side of Hamilton Avenue approximately 320 feet easterly of Meridian Avenue (1560 Hamilton Avenue) (John D. Smith, Owner/Developer). Council District 6. 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. RCP03-008. Conditional Use Permit for a project located on the southwest corner of South Market Street and Post Street (55 South Market) on a 0.80-gross-acre site in the Commercial General (CG) Zoning District to allow a portion of existing commercial office space to be converted to "Communications Service Exchange" space (Carlyle Market Post Tower, LLC - Owner; Neil Giles - Developer). Council District 3. CEQA: EIR Resolution No. 68839.

     APPROVED (7-0).

b. RCP03-005. Conditional Use Permit for a project located on the northeast corner of South Second Street and San Salvador Street (394 South Second Street) on a 0.32-gross-acre site in the Commercial General (CG) Zoning District to allow an existing restaurant (Palermo's) to have banquet facilities, after midnight use till 2:00 AM, and live entertainment (Renato Cusimano, Owner; Rick Cole, Developer). Council District 3. CEQA: EIR Resolution No. 68839.

     APPROVED (7-0).

c. CP03-014. Conditional Use Permit to allow installation of 6 four-foot tall panel-antennas on an existing PG&E lattice tower and to construct an associated 240 square foot equipment shelter on a 0.7 gross acre site in the R-1-8 Single-Family Residence Zoning District, located at/on the PG&E right-of-way between Dobern Avenue and Capitol Expressway (Hans P. Hager, Owner; Verizon Wireless, Developer). Council District 5. CEQA: Exempt.

     APPROVED (7-0).

d. 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; TS Engineering, Developer). Council District 5. CEQA: Negative Declaration.

     RECOMMEND APPROVAL (7-0).

 

The following items are considered individually.

4. 6:00 PM Public Hearings

a. CITY’S PROPOSED 2004-2008 CAPITAL IMPROVEMENT PROGRAM: Approval of the Planning Commission's report to the City Council transmitting comments and recommending adoption of the Proposed 2004-2008 Capital Improvement Program (CIP).

    RECOMMEND APPROVAL (7-0).  PLANNING COMMISSIONERS EXPRESSED A DESIRE FOR MORE REVIEW TIME.  STAFF CLARIFIED TIMEFRAMES SET BY THE CITY CHARTER.

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 and 4-23-03.

    APPROVED (6-1-0; JAMES OPPOSED).  COMMISSION DISCUSSED ABILITY OF NINE NEW STAFF RECOMMENDED CONDITIONS TO FULLY ADDRESS NEIGHBORHOOD CONCERNS.  SEVERAL COMMISSIONERS INDICATED PROJECT WAS MUCH IMPROVED WITH NEW CONDITIONS.  IN RESPONSE TO TRUCK AIRBRAKE NOISE TO STOP AT ENTRANCE GATE, CONDITION ADDED FOR AUTOMATIC GATE TO BE INSTALLED AT THE ENTRANCE..

c. PDC03-010. Planned Development Rezoning and Prezoning from R-1-8 Residence Zoning District and County of Santa Clara to A(PD) Planned Development District to allow up to 25 single family detached residences and an existing church on a 4.8 gross acre site, located at/on north side of Quimby Road approximately 300 feet easterly of Mission Greens Drive (2785 Quimby Road). (Sikh-Gurdwara San Jose , Owner / Braddock & Logan, Developer). Council District 8. CEQA: Mitigated Negative Declaration.

    RECOMMEND APPROVAL (6-0-0-1; DHILLON, ABSTAINED).  STAFF CLARIFIED THAT LEGAL STATUS OF STRUCTURES WILL BE DETERMINED AND ADDRESSED AT PD PERMIT STAGE.

5. Petitions and Communications

a. Proposed follow-up study session regarding Parks and Recreation.

    NO ACTION TAKEN.

b. Proposed study session May 28, 2003 regarding the Downtown Zoning proposal.

    SCHEDULED A STUDY SESSION REGARDING THE PROPOSED DOWNTOWN ZONING DISTRICT.

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

a. Redevelopment Agency referral and brief presentation to review the downtown CIM Mixed Use Project 50% schematic project drawings and provide recommendation(s) and comment(s) to staff on project direction. Council District 3.

     DROPPED.

b. Redevelopment Agency and Historic Landmarks Commission referral 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 from 4-23-03.

     DEFERRED TO 6-11-03.

c. Redevelopment Agency referral to review the proposed Diridon/Arena Strategic Development Plan, which includes: 1. completion of the Downtown riverfront park; 2. expansion of Diridon Station; 3. enhancement of existing residential neighborhoods; 4. creation of lively pedestrian environment; and 5. provision of a variety of commercial and mixed-use development opportunities, and provide recommendations to the San Jose Redevelopment Agency Board and City Council. Council District 3.

    DEFERRED TO 5-28-03.

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