Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

SYNOPSIS

Wednesday, May 28, 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, EXCEPT PLATTEN ARRIVED AFTER DEFERRALS.

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. PDC03-018. Planned Development Rezoning from CN Neighborhood Commercial and R-2 Two-Family Residence District to A(PD) Planned Development District to allow up to 82 multi-family attached-residences and up to 2,500 square-feet of retail space on a 1.64 gross-acre site, located at/on southeast corner of Keyes and 12th Streets (City of San Jose, Owner; ROEM Corporation, Developer). Council District 3. CEQA: Mitigated Negative Declaration.

    Deferred to 6-11-03.

b. 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 from 3-26-03  

    DEFFERRED TO 6-11-03.

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. An Ordinance of the City of San Jose amending Chapter 20.10 of Title 20 of the San Jose Municipal Code by adding a new section 20.10.100 authorizing the establishment of cost recovery fees for Planning Services and Processes.  CEQA:  Not a project.

     RECOMMEND APPROVAL (7-0). PULLED FROM CONSENT TO PROVIDE PLANNING COMMISSION WITH THE PROPOSED TEXT OF ORDINANCE CHANGE..

b. RCP03-012.  CONDITIONAL USE PERMIT for a project located the north side of West Santa Clara Street between First Street and Market Street (81 West Santa Clara Street) on a 0.020-gross-acre site in the (CG) Commercial General and (DG) Ground Floor Retail Zoning Districts. The Conditional Use Permit is for a bar to sell alcohol and to operate between the hours of 9:00am and 2:00am.  Live entertainment has also been requested as a part of the application. (Walt Hoeffler, Owner/Mauricio Mejia, Developer). Council District 3. CEQA:  Exempt.

     APPROVED (7-0).

c. RCP03-009.  CONDITIONAL USE PERMIT for a project located on the north side of East Santa Clara Street between First Street and Second Street (29-31 East Santa Clara Street) on a 0.066-gross-acre site in the (CG) Commercial General and (DG) Ground Floor Retail Zoning Districts. The Conditional Use Permit is for a new restaurant and bar to sell alcohol and to operate between the hours of 9:00am and 2:00am. Live entertainment has also been requested as a part of the application (Lars T. Fuller, Owner/John Van Wyk, Developer). Council District 03. CEQA: Exempt.

     APPROVED (7-0).

d. CP03-012. CONDITIONAL USE PERMIT to convert a portion of an existing building, approximately 2,800 square-feet, to non-emergency ambulance service with living quarters on a 0.76 acre site in the IP Industrial Park Zoning District, located at/on the north side of Realm Drive approximately 550 feet easterly of Santa Teresa Boulevard (7013 Realm Dr.) (Stephen and Janice Sawochka Trustee etc., Owner /Randy Hooks, Silicon Valley Ambulance, Developer. Council District 2. CEQA: Exempt.

     APPROVED (7-0).

e. CP03-025. CONDITIONAL USE PERMIT to convert existing industial buildings, for a total of 77,160 square-feet, to warehouse/wholesale uses on a 5.0 gross-acre site in the IP Industrial Park Zoning District, located at/on the south side of Stauffer Boulevard approximately 500 feet westerly of Monterey Highway (1979 Monterey Road) (Monterey LaFayette LLC, Owner/Dong Vinh, Inc. (Victor Lu) Developer).  Council District 7.  CEQA:  Exempt

     APPROVED (7-0).

f.  CP03-034. CONDITIONAL USE PERMIT to allow 104,400 square-foot records storage facility on a 5.34 gross-acre site in the IP Industrial Park Zoning District, located at/on the south side of Mitchell Avenue approximately 650 feet westerly of Monterey Road (1959 Monterey Road) (1931 Monterey L.L.C. & Opus West, Owner/Off-Site Record Management (Beth Seibert) Developer).  Council District 7.  CEQA: Exempt.

     APPROVED (7-0).

g. ST03-002. PROPOSED RENAMING OF A PORTION OF BRANHAM LANE EAST, between Hellyer Avenue and Coyote Creek to Embedded Way (City of San Jose, Owner/Linux Works, Developer). Council District 2.  CEQA: EIR Resolution No. 70021.

     RECOMMEND APPROVAL (7-0).

h. PDC03-019. PLANNED DEVELOPMENT REZONING from A(PD) Development Zoning District to A(PD) Planned Development Zoning District to allow up to six (6) single-family attached and detached residences on a 0.4-acre site located on the east side of South Cypress Avenue approximately 100 feet northerly of Judro Way (412 South Cypress Avenue). (3 & H Family Limited Partnership, Owner/Developer). Council District 1. CEQA: Negative Declaration. square-foot records storage facility on a 5.34 gross-acre site in the IP Industrial Park Zoning District, located at/on the south side of Mitchell Avenue approximately 650 feet westerly of Monterey Road (1959 Monterey Road) (1931 Monterey L.L.C. & Opus West, Owner/Off-Site Record Management (Beth Seibert) Developer).  Council District 7.  CEQA: Exempt.

    RECOMMEND APPROVAL (7-0).

i.  PDC01-082. PLANNED DEVELOPMENT  PREZONING and REZONING for the property located at the west side of Alum Rock Avenue approximately 200 feet northerly of Marian Lane (4600, 4601, and 4609 Hyland Avenue, and 4609 Alum Rock Avenue), from Unincorporated County and A-Agricultural Zoning District to A (PD) Planned Development Zoning District, to allow religious assembly and school uses on 8.21 gross-acres (Roman Catholic Welfare Corp. of San Jose and the Roman Catholic Bishop of San Jose, Owner/Developer).  Council District 5.  CEQA:  Mitigated Negative Declaration.

     RECOMMEND APPROVAL (7-0).

4. 6:00 PM Public Hearings

a. Review and Recommendation of the Gateway East Strong Neighborhoods Initiative Plan to the City Council. San Jose 2020 EIR Addendum.

    RECOMMEND APPROVAL (7-0).  COMMENDED 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 DOABLE AND SHOULD BE IMPLEMENTED

b. An Ordinance of the City of San Jose amending Chapter 20.70 of Title 20 of the San Jose Municipal Code modifying the provisions of the Downtown Zoning Regulations. CEQA: Resolution 65459, PP03-05-169.  Presentation only.  No staff report.

    DEFERRED TO 6-11-03.

c. PP02-10-309. PROTEST OF A NEGATIVE DECLARATION for the Master Plan for the Almaden Community Center and Branch Library to replace the existing 5,000 square-foot community center and 9,800 square-foot library, with a 42,000 square- foot community center and 18,000 square-foot library on a 5.5 gross-acre site at the southwest corner of Camden Avenue and Bose Lane (Parma Park). Council District 10.

    UPHELD THE NEGATIVE DECLARATION (7-0).  NO ONE IN THE AUDIENCE OPPOSED TO PROJECT.  PROTESTANT NOT IN ATTENDANCE AT THE MEETING.  STAFF CLARIFIED PARKING ANALYSIS.  APPELLANT INITIALLY HAD ISSUES ABOUT AND DETERMINATION OF ADEQUATE PARKING CAPACITY.  PUBLIC COMMENT REGARDING NEED TO REVIEW CROSSWALK AND TRAFFIC SIGNAL LOCATIONS PROXIMATE TO PROJECT.

d. CP02-075. CONDITIONAL USE PERMIT to allow the continued use of an existing golf driving range and clubhouse on a 24.9 gross-acre site (the previous permit has expired) in the R-M Multiple Residence/ CN Neighborhood Commercial Zoning District, located on the south side of North First Street, 400 feet easterly of Grand Boulevard (4701 N 1^st ) (Sainte Claire Corp, Owner/Developer). CEQA: Re-use of Negative Declaration.

    DEFERRED TO 6-25-03 AT REQUEST OF THE APPLICANT.

e. CP03-013. CONDITIONAL USE PERMIT to allow off-sale of alcoholic beverages at an existing grocery store on a 0.94 gross-acre site in the CG Commercial General Zoning District, located at/on the northeast corner of Capitol Expressway and Seven Trees Boulevard (3826 Seven Trees Blvd.) (Gold Touch Inv LLC, Owner/Salvador Lopez, Developer). Council District 7. Exempt.

    DEFERRED TO 6-11-03.

5. Petitions and Communications

a. Public comments to the Planning Commission on non-agendized items.   Please fill out a speaker's card and give it to the technician. Each member of the public may address the Commission for up to three minutes. The commission cannot take any formal action without the item being properly noticed and placed on an agenda. In response to public comment, the Planning Commission is legally limited to the following options:

    1. Responding to statements made or questions posed by members of the public; or

             2. Requesting staff to report back on a matter at a subsequent meeting; or 

             3. Directing staff to place the item on a future agenda.

    NO COMMENTS.

b. Distributed to the commissioners 5-7-03 Draft Environmental Impact Report (McKean Road Sports Complex) for General Plan Text Amendment GPT01-10-02/ PP03-02-057.

c. Distributed to the commissioners 5-7-03  Draft Environmental Impact Report  for the Civic Plaza Parking Structure PP03-03-088.  

d. Distributed to the commissioners 5-7-03  Draft Environmental Impact Report  to allow the renovation of the existing Eastridge Mall CP02-047. 

e. Proposed joint study session with Historic Landmarks Commission on 6-4-03 of IBM Building 25 from 3:00 to 4:00 p.m.

    NOTED.

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

a. Redevelopment Agency referral to review the proposed Diridon/Arena Strategic Development Plan. Deferred from 5-7-03.

     DEFERRED TO 6-11-03.

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)

                    JAMES VOTED CHAIR OF COMMITTEE.

• Coyote Valley Specific Plan (Platten)

          BRIEF STATUS  REPORT GIVEN.

8. Adjournment