5/282:58 PM 6/11/03 Planning Commission Agenda

Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

SYNOPSIS

Wednesday, June 11, 2003

Evening Session 6:00 p.m.
Room 205, 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. 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. Deferred from 5-28-03.

     DEFERRED TO 7-23-03.

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 and 5-28-03.

    DEFERRED TO 7-23-03.

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. CP02-054. Conditional Use Permit to allow conversion of an existing 1,967 square-foot single-family detached-residence to a child-care facility (40 children) on a 0.33 gross-acre site in the R-1-8 Single-Family Residence Zoning District, located at/on the west side of Union Avenue approximately 80 feet northerly of Ronda Drive (15063 Union Avenue) (Claire V. Kruk, Trustee Etal, K's Quality Children's Center, Owner/Developer). Council District 9. CEQA: Exempt.

     APPROVED (7-0-0). PULLED FROM CONSENT BY COMMISSIONER LEVY FOR STAFF CLARIFICATION ON LACK OF "CIRCULAR" DROP OFF DRIVEWAY GIVEN REQUIREMENT FOR STUDENT CHECK-IN BY ADULT. ALSO CLARIFIED SINGLE DRIVEWAY MEETS SINGLE-FAMILY FRONT SETBACK PAVING RESTRICTIONS.

b. PDC03-001. Planned Development Rezoning from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District to allow an increase of up to 1,400 square-feet to an existing 60,300 square-foot shopping mall (Canyon Creek Plaza) for commercial uses on 8.3 gross acres, located at/on west side of Silver Creek Valley Road approximately 640 feet northeasterly of Bel Aire Hills Drive (5601 Silver Creek Valley Rd) (Canyon Creek Plaza, LP, Owner/Developer). Council District 8. CEQA: Exempt.

     Recommend approval (7-0-0).

c. PDC03-017. Planned Development Rezoning from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District to allow up to 1,500 square feet of drive-through commercial use (Starbucks) on an 11.87 gross-acre site, located at/on northwest corner of Capitol Expressway and Timberloop Drive (605 W. Capitol Expwy) (Credit Suisse Leasing 92A LP, Owner/ United Growth, LLC, Developer). Council District 10. CEQA: Addendum to Waterford E.IR Reso. No. 64433.

     Recommend approval (7-0-0).

d. RCP03-013. CONDITIONAL USE PERMIT AMENDMENT for a project located on the west side of South First Street between East San Carlos Street and San Salvador Street (399 South First Street, Agenda Restaurant) on a 0.08-gross-acre site in the (CG) Commercial General and (DG) Ground Floor Retail Zoning Districts. The Conditional Use Permit is to allow a restaurant to operate between the hours of 9:00am and 2:00am with live entertainment. (Jacek Rosicki, Owner/Developer). Council District 3. CEQA: Exempt.

     DEFERRED TO 6-25-03.

e. C03-044. DIRECTOR-INITIATED CONVENTIONAL CONFORMING REZONING of the property located at the westside of North 5th Street, approximately 390 feet southerly of East Empire Street (451 North 5th Street), from LI Light Industrial Zoning District to R-2 Residence Zoning District, to allow residential uses (reinstatement of a single family residence) on 0.15 gross acres (Saeid Pourabdollah, Owner/Developer). Council District 3. CEQA: 2020 General Plan EIR Reso# 59459.

     Recommend approval (7-0-0).

4. 6:00 PM Public Hearings

a. RCP03-010. CONDITIONAL USE PERMIT for a project located on the south side of West Saint John Street between Almaden Avenue and North San Pedro Street (170 West Saint John Street) on a 0.40-gross-acre site in the (CG) Commercial General Zoning District. The Conditional Use Permit is for a new restaurant and bar to operate between the hours of 9:00am and 2:00am with live entertainment. A request for Live Entertainment, without alcohol service, for minors between the ages of 14-20 is also a part of the application. (John Snell, Owner/Big Sky Productions, Developer). Council District 3. CEQA: Exempt.

     DROPPED.

b. 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 from 5-28-03.

     RECOMMEND APPROVAL (7-0-0).

c. PDC03-016. Planned Development Rezoning from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District to allow up to 123 affordable-multi-family attached-residences and up to 6,000 square-feet of commercial uses on a 0.8 gross-acre site, located at/on southeast corner of West San Carlos Street and Bird Avenue (598 W. San Carlos Street) (Teachers Academy Foundation, Owner; Core Development, Developer). Council District 3. CEQA: Addendum to EIR Resolution #68839.

     RECOMMEND APPROVAL (7-0-0).   COMMISSION NOTED MODERN DESIGN, AND ENCOURAGED CONTINUED DISCUSSION WITH STRONG NEIGHBORHOOD INIATIVE GROUP AT THE PLANNED DEVELOPMENT (PD) PERMIT STAGE. COMMISSION ALSO ENCOURAGED PROPOSED ROOFTOP OPEN SPACE.

d. PDC02-073. Planned Development Rezoning from R-1-8 Residence District to A(PD) Planned Development District to allow up to 21 single-family detached-residential units and an expansion to an existing religious assembly facility from 11,159 square feet to 23,414 square feet resulting in a net increase of 12,255 square-feet, on a 4.0 gross-acre site, located at/on southeast corner of Willowbrae Avenue and Willow Oaks Drive (1532 Willowbrae Avenue) (Congregation Sinai of San Jose, Owner/Developer; The Riding Group, Developer). Council District 6. CEQA: Mitigated Negative Declaration.

     Recommend approval (6-1-0; ZITO OPPOSED). THE COMMISSION CONSIDERED WHETHER INCREASED DENSITY BENEFITS THE NEIGHBORHOOD. sEVERAL COMMISSIONERS COMMENTED ON THE IMPORTANCE OF SETBACKS AT PERIMETER OF PROJECT FOR LANDSCAPE BUFFER WITH ADJACENT EXISTING USES, AND EXPRESSED CONCERN THAT ONE TO TWO MORE UNITS WERE COMPROMISING BUFFERS/SETBACKS ELSEWHERE ON THE SITE. THE COMMISSION REQUESTED CLARIFICATION ON FIRE ACCESS/ AUTO ACCESS ISSUES AND ONSITE PARKING AVAILABILITY. SEVERAL COMMISSIONERS WOULD prefer 1-2 fewer units, BUT LACK OF private open space AND BUFFERS balanced against RETENTION OF dry creek AS OPEN SPACE AMENITY.

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. CEQA: Exempt. Deferred from 5-28-03.

     APPROVED (6-1-0; CAMPOS OPPOSED). THE COMMISSION INDICATED SUPPORT FOR SMALL BUSINESS IN ALLOWING ADDITION OF OFF‑SITE ALCOHOL SALES. COMMISSION INDICATED 10% LIMIT ON DISPLAY OF BEER/WINE GOOD CONDITION. THE COMMISSION INDICATED A COMPLIANCE REVIEW IN 1 YEAR RATHER THAN RENEWAL AS STORE OPERATION HOURS OF 8AM TO 9PM LIMIT POTENTIAL FOR INAPPROPRIATE ACTIVITY. COMMISSIONER CAMPOS CONCERNED ABOUT ADDITIONAL OFF-SALE LOCATION AS TEMPTATION TO LOCAL YOUTH.

f.   PDC03-009. Planned Development Rezoning from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District to allow up to 45 single-family detached-residences on a 13.0 gross-acre site, located at/on south side of Quimby Road, approximately 1,700 feet easterly of Ruby Avenue (East Side Union High School District, Owner/Shapell Industries, Developer). Council District 8. CEQA: Re-use of Evergreen Specific Plan EIR Reso. No. 63179.

     RECOMMEND APPROVAL (7-0-0). COMMISSION DISCUSSED NEIGHBORHOOD BENEFIT IN ADDITIONAL UNITS, AND EXPRESSED CONCERN ABOUT TRANSFER OF 5 DUS. STAFF CLARIFIED DUS ALREADY IN TRAFFIC ALLOCATION. STAFF ALSO CLARIFIED USE OF PROCEEDS FROM SALE TO SCHOOL DISTRICT IS NOT A LAND USE ISSUE

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 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

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

a. Review and discussion of the final design guidelines draft of the Your Old House: Guide for Preserving San Jose Homes

     COMMISSION INDICATED OUTSTANDING DOCUMENT WITH FASCINATING HISTORY AND COMMENTED ON A GOOD LAYOUT OF VALUABLE MATERIAL. COMMISSIONERS ENCOURAGED STAFF TO MAKE ALL SUCH DOCUMENTS AS USER FRIENDLY, AND RECOMMENDED GREATER OUTREACH FOR TREATING HISTORIC AND RENEWABLE ENERGY ISSUES TOGETHER.

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 and 5-7-03.

     DEFERRED TO 6-25-03.

c. Redevelopment Agency referral to review the proposed Diridon/Arena Strategic Development Plan. Deferred from 5-7-03 and 5-28-03. Review of revised Council Policy and Guidelines for Child Care.

     COMMISSION ACKNOWLEDGED A REAL VISION IN PLAN AS A NATURAL EXTENSION OF DOWNTOWN, AND DISCUSSED SUPPORT FOR ADDITIONAL OPEN SPACE ALONG GUADALUPE, PROTECTING RIPARIAN CORRIDOR. COMMISSIONERS LEVY SUGGESTED ADDITION OF LOS GATOS CREEK TRAIL. COMMISSIONER ZAMORA URGED FURTHER WORK TO ENSURE BROAD DIVERSITY ON ADVISORY COMMITTEE TO INCLUDE HISPANIC COMMUNITY. THE COMMISSION EXPRESSED INTEREST IN INVOLVEMENT OF PLANNING COMMISSION LIASON IN FUTURE AREA PLANNING EFFORTS.

d. Review of revised Council Policy and Guidelines for Child Care.

     THE COMMISSION NOTED THESE ARE GUIDELINES, NOT CODE STANDARDS AND CLARIFICATION THAT FAMILY DAY CARE HOMES OF UP TO FOURTEEN CHILDREN ARE ALLOWED BY RIGHT AND NOT COVERED BY THE GUIDELINES.

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

Evening Session 6:00 p.m. Room 205, 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

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