5/282:58 PM 7/09/03 Planning Commission Agenda

Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

SYNOPSIS

Wednesday, July 9, 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. CP03-022. Conditional Use Permit to allow a wireless communication facility including 12 wireless communication panel antennas inside a new 60 foot tall, free-standing church steeple; 2 GPS antennas; and a 436 square foot equipment shelter on a 10.5 gross acre site in the R-1-8 Single-Family Residence Zoning District, located at/on the southwest terminus of McLaughlin Avenue and Carnelian Drive (1523 McLaughlin Avenue) (San Jose Christian Comm Church, Owner/Verizon Wireless Jim Graham, Developer). Council District 7. SNI: Tully/Senter. 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. CPA93-020-01. CONDITIONAL USE PERMIT AMENDMENT 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 from 6-25-03.

    APPROVED (7-0). PULLED FROM CONSENT. STAFF CLARIFIED SECURITY GUARD A REQUIREMENT FROM ABC PERMIT, NOT CONDITIONAL USE PERMIT CONDITION.

b. CP03-031. CONDITIONAL USE PERMIT to allow the use of an existing 15,721 square foot, 62 bed fraternity house on a 0.53 gross acre site in the R-M Multiple Residence Zoning District, located at/on the west side of South 11th Street approximately 120 feet southeasterly of East San Antonio Street (225 S 11TH ST) (Green Valley Enterprises, Cp, Owner). Council District 3. SNI: University. CEQA: Exempt.

     APPROVED (7-0). PULLED FROM CONSENT. STAFF CLARIFIED NO STAFF TO BE ON SITE, AND THAT BEDROOM OCCUPANCY REQUIRED TO MEET HOUSING CODE.

c. RCP03-015. CONDITIONAL USE PERMIT for a project located on the east side of South First Street between San Carlos Street and San Salvador Street (380 South First Street, B-Hive Nightclub) on a 3,920 square foot site in the (CG) Commercial General and (DG) Ground Floor Retail Zoning Districts. The Conditional Use Permit is to allow a drinking establishment to have after-midnight use and live entertainment until 2:00 AM, daily. (Stella De La Rosa, Owner; Meanssa Abinader, Developer). Council District 3. CEQA: Reso. #68839.

     APPROVED (7-0).

d. RCP03-016. CONDITIONAL USE PERMIT for a project located on the east side of South First Street between San Fernando Street and San Salvador Street (52 South First Street, The Temple) 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 drinking establishment to have after-midnight use and live entertainment until 2:00 AM, daily. (JB Carlson, LLC, Owner; Rick Cole, Developer). Council District 3. CEQA: Reso. #68839.

     APPROVED (7-0).

e. RCP03-017. CONDITIONAL USE PERMIT ~~AMENDMENT~~ for a project located at the southwest corner of San Carlos Street and South Market Street (301 South Market Street, Marriott Hotel) on a 0.944-gross-acre site in the (CG) Commercial General and (DG) Ground Floor Retail Zoning Districts. The Conditional Use Permit is to allow the restaurant and bar in the hotel to have live entertainment, banquet facility use, and after-midnight use till 2:00 AM, daily. (Walton San Jose Investors, LLC, Owner; Kathleen Diamond, San Jose Marriott, Developer). Council District 3. CEQA: Reso. #68839.

     APPROVED (7-0).

f. RCP03-018.CONDITIONAL USE PERMIT for a project located on the west side of South First Street between San Salvador Street and William Street (401 South First Street) on a 0.13-gross-acre site in the (CG) Commercial General Zoning District. The site is currently used as a parking lot. The Conditional Use Permit is to allow a 9 week, outdoor concert series on Thursday nights from July 10th 2003, through September 4th, 2003. The concerts will be from 7:30 PM through 10:30 PM. Beer and wine will be served at the event between the hours of 7:30 PM and 10:00 PM. (Bertram Burns, Owner; Jacek Rosicki and Filco, Developer). Council District 03. Reso. #68839.

     APPROVED (7-0).

g.   PDC01-103. Planned Development Rezoning from R-2 Residential District to A(PD) Planned Development District to allow up to 26 multi-family attached residences on a 0.67 gross acre site, located at/on the northwest corner of North 1st Street and Gish Road (1433 N 1ST ST) (Bellagio Garden, LLC Jerry C Chen, Owner). Council District 3. SNI: None. CEQA: Mitigated Negative Declaration.

     RECOMMEND APPROVAL (7-0). PULLED FROM CONSENT BY NEIGHBORHOOD RESIDENT WITH CONCERN ABOUT PARKING. STAFF CLARIFIED DRIVEWAY LOCATION "FIXED" DUE TO NARROW SITE, AND THAT APPLICANT HAD INCREASED PARKING RATIO 10% ABOVE CODE REQUIREMENT IN RESPONSE TO NEIGHBORHOOD CONCERN.

h.   CP03-037. CONDITIONAL USE PERMIT to convert a 4,580 square foot portion of an existing office building to use as a post-secondary educational institution on a 2.5 gross acre site in the IP Industrial Park Zoning District, located at/on the east side of Technology Drive, approximately 750 feet southerly of Airport Parkway (1754 Technology Drive) (Borelli Investment Co, Owner). Council District 3. SNI: None. CEQA: Exempt.

     DEFERRED TO 7/23/03.

i.   CP03-039. CONDITIONAL USE PERMIT to allow re-issuance of an expired permit CP01-065 for 24 hour operation at an existing restaurant on a 3.18 gross acre site in the CG General Commercial Zoning District, located at/on the west side of South King Road approximately 1,000 feet southerly of Tully Road (2569 S King Rd) (San Te Properties LLC, Owner). Council District 7. SNI: West Evergreen. CEQA: Exempt.

     APPROVED (7-0).

4. 6:00 PM Public Hearings

a. 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 from 6-25-03.

     APPROVED (7-0). COMMISSION ADDED CONDITIONS OF APPROVAL TO INCLUDE FREE VALET PARKING DURING THE HOURS OF 5PM TO 8PM, AND TO STRUCTURE VALET PARKING AREA TO LIMIT USE OF SOUTHERN DRIVEWAY ONTO BAYWOOD.

b. CP03-024. CONDITIONAL USE PERMIT to allow existing towing facility to hold Lien Sale Auctions on a 2.07 gross acre site in the LI Light Industrial Zoning District, located at/on the southeast corner of South 24th Street and East San Antonio Street (208 S 24th ST) (Ken Carvalho, Owner). Council District 3. SNI: Five Wounds/Brookwood Terrace. CEQA: Exempt.

     APPROVED (7-0). COMMISSION ADDED CONDITIONS FOR LITTER CONTROL WITHIN 300 FEET WITHIN 24 HOURS OF LIEN SALE, AND COMPLIANCE REVIEW WITHIN ONE YEAR, IN RESPONSE TO NEIGHBORHOOD CONCERN ON RESIDENTIAL INTERFACE. STAFF CLARIFIED NEED TO RETAIN 5-YEAR PERMIT TIME LIMIT TO ALLOW FUTURE AREA TRANSITION TO RESIDENTIAL/MIXED USE.

c. CP03-032. CONDITIONAL USE PERMIT allow existing tow yard facility to hold lien sale auctions on a 2.91 gross acre site in the LI Light Industrial Zoning District, located at/on the northeast corner of North King Road and Dobbin Drive (Matos Fernando G and Mary R, Owner). Council District 3. SNI: None. CEQA: Exempt.

     APPROVED (6-0-0-1; DHILLION ABSTAINED). COMMISSION ADDED CONDITIONS OF APPROVAL FOR 300 FOOT LITTER CONTROL WITHIN 24 HOURS OF LIEN SALE AND COMPLIANCE REVIEW WITHIN ONE YEAR.

d. CP03-033. Conditional Use Permit to allow existing tow yard facility to hold lien sale auctions on a 1.6 gross-acre site in the HI Heavy Industrial Zoning District, located at/on the southwest corner of Highway 880 and Stockton Avenue (1025 Stockton Avenue) (Alves Alongi Props, Owner). Council District 3. SNI: None CEQA: Exempt..

     APPROVED (7-0). COMMISSION ADDED CONDITIONS OF APPROVAL FOR 300 FEET LITTER CONTROL WITHIN 24 HOURS OF LIEN SALE.

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, et al and 6-25-03.

     RECOMMEND APPROVAL (7-0).   DOLORES MELLON FROM THE REDEVELOPMENT AGENCY PRESENTED THE GUIDELINES, HENRY CORD FROM THE DOWNTOWN BUSINESS ASSOCIATION EXPRESSED CONCERN ABOUT LIMITS ON USES AND HEIGHT IN THE GUIDELINES IF INTENT IS DESIGN REVIEW, AND ASKED FOR FUTURE CLARIFICATION ON THE PROCESS AND HOW TO USE THE DOCUMENT. COMMISSION FORWARDED COMMENT THAT GUIDELINES SHOULD EXPRESSLY REFERENCE DOWNTOWN GROUND FLOOR RETAIL ORDINANCE. STAFF CLARIFIED EXCEPTIONS CAN BE MADE TO GUIDELINES ON CASE-BY-CASE BASIS.

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.

b. PDC02-046. Distributed Draft Environmental Impact Report.

c. Reschedule Planning Commission annual retreat.

    THURSDAY, SEPTEMBER 25, 2003 IS PREFERRED DATE.

6. Referrals from City Council, Boards, Commissions or

     other Agencies

7. Good and welfare

a. Election of Chair and Vice-Chair.

COMMISSIONER JAMES NOMINATED AND ACCEPTED AND UNANIMOUSLY APPROVED AS CHAIR.

COMMISSIONER LEVY NOMINATED AND ACCEPTED AND UNANIMOUSLY APPROVED AS VICE-CHAIR.

b. Report from the City Council

c. Commissioner's reports from Committees:

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

Coyote Valley Specific Plan (Platten)

COMMISSIONER PLATTEN TO MISS AUGUST MEETING AND ENCOURAGED ANOTHER COMMISSIONER TO SIT IN.

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