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

Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

Synopsis

Wednesday, June 25, 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

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. CP02-059. Conditional Use Permit to allow installation of: A) a 45-foot-high monpole to support three wireless communication antennas, and B) a 270-square-foot ancillary equipment shelter. The project location is a 3.2-acre site in the CP Commercial Pedestrian Zoning District, located on the south side of Williams Road approximately 200 feet westerly of Winchester Boulevard (3144 Williams Road). Caltex Equities, property owner. Council District 1. CEQA: Exempt.

    DROP.

b. PDC03-025. Planned Development Rezoning from IP Industrial Park District to A(PD) Planned Development District to allow up to 18 single-family detached residences on a 1.84 gross acre site, located on the south side of Trade Zone Boulevard approximately 840 feet westerly of North Capitol Avenue (2440 TRADE ZONE BL) (Moghaddam Reza (Aka Ray Mogadam) :Owner). Council District 4. SNI: None. CEQA: Mitigated Negative Declaration.
     DEFERRED TO 7-23-03.

c. CP02-060. Conditional Use Permit to allow installation of: A) a 60-foot-high monopole and wireless communications antennas, and B) a 150-square-foot equipment shelter on a 1.2-acre site in the CP Commercial Pedestrian Zoning District. The project location is on the east side of South De Anza Boulevard approximately 100 feet southerly of the 85 Freeway (1340 South De Anza Boulevard)(Ralph Borelli, owner). Council District 1. CEQA: Exempt.

    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. 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 and nightclub to operate between the hours of 9:00am and 2:00am with live entertainment. (Jacek Rosicki, Owner/Developer). Council District 3. CEQA: Exempt. Deferred from 6-11-03.

    APPROVED (6-0-1; PLATTEN ABSENT).

b. RCP03-014. CONDITIONAL USE PERMIT for a project located on the east side of South Market Street between San Salvador Street and William Street (402 South Market Street) on a 0.12-gross-acre site in the (CG) Commercial General Zoning District. The Conditional Use Permit is for the demolition of an approximately 600 square foot vacant structure and construction of a surface parking lot. (Bertram Burns, Owner/Jacek Rosicki, Developer). Council District 03. CEQA: Reso. #68839.

    APPROVED (6-0-1; PLATTEN ABSENT).

c. ST03-003. STREET RENAMING to allow the naming of a private street Thomas Foon Chew Way at the northeast corner of Zanker Road and Highway 237 (CalPine Corporation, Owner/Developer). Council District 4. CEQA: Exempt.

     RECOMMEND APPROVAL (6-0-1; PLATTEN ABSENT).

d. ST03-004. Street Renaming for a private street immediately south of Technology Drive between Skyport Drive and Sonora Avenue to also be named Technology Drive (1550 Technology Drive)(SSR Western Multi-Family, Derek Helgeson, Owner/Bayrock Residential Inc. LLC, Stuart Gruendl, Developer). Council District 3. SNI: None. CEQA: Exempt.

     RECOMMEND APPROVAL (6-0-1; PLATTEN ABSENT).

e. CPA93-020-01. Conditional Use Permit to allow operation, 7 days a-week past midnight (2:00am), at an existing restaurant/billiards facility on a 1.7 gross acre site in the CG General Commercial Zoning District, located at/on the east side of Almaden Expressway approximately 500 feet southerly of Branham Lane (4700 Almaden Expwy) (Baby Super Discount Inc, Owner/Almaden Billiards, Operator). Council District 9. CEQA: Exempt.

     DEFERRED TO 7-9-03.

4. 6:00 PM Public Hearings

a. ORDER TO SHOW CAUSE for failure to comply with the requirements for land use permit File No. CP98-009 for property located at the west side of North 13th Street, 210 feet southerly of East Hedding Street (875 N. 13th). The owner of the property failed to comply with the Removal of the existing billboard, therefore, the San Jose Planning Commission will consider an Order to Show Cause why the Land Use Permit shall not be revoked, modified, or amended (Haresh Panchal, Surya Management, LLC, Owner). Council District 3.

     APPROVED WITH MODIFICATIONS (6-0-1; PLATTEN ABSENT). APPLICANT CLARIFIED 2-YEAR COMPLIANCE SCHEDULE FOR BILLBOARD REMOVAL AT END OF CURRENT LEASE TERM. COMMISSION INCLUDED A CONDITION IN THE PERMIT REFERENCING THE INDEPENDENT AGREEMENT BETWEEN THE APPLICANT AND THE 13^TH STREET NEIGHBORHOOD ACTION COMMITTEE REGARDING ONGOING CONTRIBUTIONS TO NEIGHBORHOOD AND BUSINESS DISTRICT.

b. CP03-028. Conditional Use Permit to allow a shared parking arrangement for two new restaurants and existing office uses, and to allow drinking establishments in the restaurants on a 2.1 gross acre site in the CG General Commercial Zoning District, located on the southeast corner of Stevens Creek Boulevard and South Baywood Avenue (2880 Stevens Creek Blvd) (Stevens Creek Ctr Inc. Owner/Developer). Council District 6. CEQA: Exempt.

     DEFERRED TO 7-9-03.

c. V03-001. APPEAL of the Planning Director’s decision to deny a Development Variance request to allow a 530 square-foot half-story with a bathroom constructed in an accessory structure without benefit of permits on a 0.19 gross acre site, in the R-1-8 Single-Family Residence Zoning District, located at/on the east side of Bird Avenue approximately 490 feet northeasterly of Snyder Avenue (1023 Bird Ave) (Stan M Davis, Owner). Council District 6. SNI: N/A. CEQA: Exempt.

     UPHOLD THE DIRECTOR'S DECISION TO DENY (5-1-1; ZAMORA OPPOSED, PLATTEN ABSENT). THE COMMISSION DISCUSSED WHETHER SPECIAL CIRCUMSTANCES EXIST ON THE SITE TO ALLOW VARIANCE FOR HALF-STORY ON DETACHED GARAGE. STAFF CLARIFIED INTERIOR IMPROVEMENTS WHICH CREATE A "STORY", AND THAT OFFICE OR RESIDENTIAL USE NOT ALLOWED. COMMISSION EXPRESSED THAT A "PULL-DOWN" STAIR WOULD BE LESS STABLE FOR APPLICANT TO ACCESS STORAGE AREA, AND DIRECTED THAT COMMISSION CONCERN BE DOCUMENTED FOR CITY STAFF INFORMATION.

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 1st ) (Sainte Claire Corp, Owner/Developer). Council District 4. CEQA: Re-use of Negative Declaration. Deferred from 5-28-03.

     APPROVED (6-0-1; PLATTEN ABSENT). STAFF CLARIFIED THAT "INTERIM" GOLF COURSE OPERATOR NOT ABLE TO PROVIDE DEDICATION DIRECTLY, BUT POTENTIAL REDEVELOPMENT OF SITE IN FUTURE WOULD BE CATALYST FOR SITE FRONTAGE IMPROVEMENTS TO OCCUR.

e. Review and recommendation regarding the Redevelopment Agency and Historic Landmarks Commission referral of the proposed Downtown San Jose Historic District Design Guidelines for the area generally bounded by Santa Clara, Fourth, San Fernando, and Market Streets, to the San Jose Redevelopment Agency Board and City Council. Council District 3. Deferred from 4-23-03, 5-7-03 and 6-11-03.

     DEFERRED TO 7-9-03

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 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. PDC02-046. Distributed Draft Environmental Impact Report for the San Jose Water Land Company Planned Development Rezoning located on both sides of Delmas between West San Fernando and West Santa Clara Streets.

     TO BE DISTRIBUTED WITH PACKET FOR JULY 9TH HEARING.

c. Proposed rescheduling of the Fall 2003 General Plan Amendments hearings.

    APPROVED.

6. Referrals from City Council, Boards, Commissions or

     other Agencies

7. Good and welfare

a. Report from the City Council

     CHILDCARE POLICY APPROVED.

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)

FUNDING AGREEMENT APPROVED

c. Proposed joint meeting with Parks and Recreation in August 2003.

TO BE SCHEDULED IN SEPTEMBER

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