Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

SYNOPSIS

Wednesday, July 23, 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 LEVY AND ZAMORA.

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. CP02-060. 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 from 6-25-03.

      DEFERRED TO 8-13-03.

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. LAND USE POLICY FOR WIRELESS COMMUNICATION FACILITIES UPDATE. Review and Recommendation of the Update to the Land Use Policy for Wireless Communication Facilities to the City Council. Council District: Citywide. CEQA: San Jose 2020 General Plan EIR Resolution 65459.

     RECOMMEND APPROVAL (5-0-2; LEVY, ZAMORA ABSENT).

b. AN ORDINANCE OF THE CITY OF SAN JOSÉ AMENDING VARIOUS SECTIONS OF TITLES 9, 15, AND 20 OF THE SAN JOSÉ MUNICIPAL CODE to modify and add provisions related to storm water runoff management and post-construction storm water quality control. CEQA: Addendum to San José 2020 General Plan Environmental Impact Report Resolution No. 65457, PP03-07-224.

     DEFERRED TO 8-13-03.

c. 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 5. CEQA: Exempt. Deferred from 3-26-03, 5-28-03 and 6-11-03.

     APPROVED (5-0-2 LEVY, ZAMORA ABSENT).  PULLED FROM CONSENT BY COMMISSIONER ZITO FOR QUESTION ON OPERATING HOURS.  STAFF CLARIFIED NO OPERATION HOURS CONDITION GIVEN VERY SMALL SCALE OF CHURCH, AND SITE'S CORNER LOCATION ON WHITE ROAD NEAR OTHER CHURCHES, AND NO ANTICIPATED IMPACT.

d. 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 from 7-9-03.

      APPROVED (5-0-2 LEVY, ZAMORA ABSENT).

e. C03-051. CONFORMING PREZONING from County of Santa Clara to CP Commercial Pedestrian Zoning District for commercial uses on a 0.11 gross acre site, located on the eastside of North Bascom Avenue approximately 160 feet southerly of Forest Avenue (172 N BASCOM AV) (Nguyut T Nakamoto, Owner). Council District 6. SNI: Burbank/Del Monte. CEQA: EIR Resolution 65459.

     RECOMMEND APPROVAL (5-0-2; LEVY, ZAMORA ABSENT).

f. 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 from 7-9-03.

     DROPPED.

g. PUBLIC SERVICE EASEMENT Vacation. Vacation of a portion of a public service/utility easement, located in the right-of-way of a private street (formerly Technology Drive), on the north side of Sonora Avenue at the terminus of Forrestal Street in the Planned Development Zoning District to facilitate the construction of the previously approved Planned Development Permit (PD01-118). (SSR Western Multi-Family, LLC, Owner/Bayrock Residential, Applicant). Council District 3. CEQA: EIR Resolution 69421.

     RECOMMEND APPROVAL (5-0-2; LEVY, ZAMORA ABSENT).

h. CP03-008. WIRELESS - CONDITIONAL USE PERMIT to allow 1 wireless communication antenna pole on a 5.96 gross acre site in the LI Light Industrial Zoning District, located at/on the north side of Dobbin Drive approximately 1,000 feet easterly of King Road (1855 Dobbin Drive) (R & C Brown Associates L.P., Owner; Verizon Wireless Shannon Hughes, Developer). Council District 3. SNI: None. CEQA: Exempt.

     APPROVED (4-0-2-1; LEVY, ZAMORA ABSENT; DHILLON ABSTAINED).

4. 6:00 PM PUBLIC HEARINGS

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: EIR Resolution 65459, PP03-05-169. Deferred from 5-28-03 and 6-11-03.

     DEFERRED TO 9-10-03.

b. PDC02-072. PLANNED DEVELOPMENT REZONING from LI Light Industrial Zoning District to A(PD) Planned Development District to allow up to 260 multi-family attached residential uses on a 3.18 gross acre site, located at/on the northwest corner of Lick Avenue and West Alma Avenue (1303 Lick Av) (Duad Properties and Sal Lobue Trust, Owner; Barry Swenson Builder Marianne Bacigalupi, Developer). Council District 3. SNI: Washington. CEQA: Mitigated Negative Declaration.

     DEFERRED TO 8-27-03.

c. CP02-004. CONDITIONAL USE PERMIT to allow 24-hour use for an existing restaurant and bar, entertainment and off-site, alternating parking on a 3.1 gross acre site in the CG General Commercial Zoning District, located at/on the west side of Monterey Road approximately 1,220 feet northerly of Curtner Avenue (2011 Monterey Rd.) (Tuttis Olga V Rocha, Owner). Council District 7. SNI: None. CEQA: Exempt.

     RECOMMEND APPROVAL (5-0-2; LEVY, ZAMORA ABSENT).

d. FINAL ENVIRONMENTAL IMPACT REPORT (SCH No. 1999122059) FOR THE FMC COLEMAN MASTER PLAN PLANNED DEVELOPMENT REZONING (File No. PDC98-104) from HI Heavy Industrial Zoning District to A(PD) Planned Development Zoning District to allow the redevelopment of an approximately 92.5-acre site bounded by Coleman Avenue to the northeast, Newhall Street to the southeast, Southern Pacific Railroad lines to the southwest, and the jurisdictional boundary of the City of Santa Clara to the northwest. The proposed rezoning would allow development of up to 3 million square feet of Office R&D development or alternative industrial/commercial development with equivalent traffic generation Existing building demolition, parking, landscaping, public and private streets, and necessary new infrastructure are also included in the project. The project includes the removal of the 92.5-acre site from the North San Jose Area Development Policy area. Council District 3.

     CERTIFIED EIR (5-0-2; LEVY, ZAMORA ABSENT).  STAFF CLARIFIED DEIR HAD BEEN COORDINATED WITH POLICE AND FIRE DEPARTMENTS.  TRAFFIC CONSULTANT CLARIFIED LEVEL OF SERVICE IMPACTS ON FREEWAY SEGMENTS ONLY, AND IMPROVEMENT EXPECTED OVER MUCH OF TRANSPORTATION NETWORK WHEN COLEMAN/I880 INTERCHANGE COMPLETED.

e. MODIFICATION OF THE NORTH SAN JOSE AREA DEVELOPMENT POLICY BOUNDARY to exclude an area bounded by the Union Pacific Railroad tracks, Interstate 880, the Norman Y. Mineta San Jose International Airport, and the common boundary between the cities of San Jose and Santa Clara. Council District 3 & 4. SNI: None. CEQA: EIR Resolution 65459.

     RECOMMEND APPROVAL (4-1-2; ZITO OPPOSED; LEVY, ZAMORA ABSENT).  STAFF PROVIDED COMMISSION WITH COMPARISON OF TRAFFIC LEVEL OF SERVICE ANALYSIS METHODOLOGY UNDER THE NSJAD POLICY, AND THE CITYWIDE POLICY.

f. PDC98-104. PLANNED DEVELOPMENT REZONING - Master plan for 92.53 gross-acre FMC/Mozart site to allow development of up to 3 million square feet of Office R&D development or alternative industrial/commercial development with equivalent traffic generation, located at/on the West side of Coleman Avenue between Newhall Street and Brokaw Road (1115 Coleman Avenue) (FMC Corp. and Arcadia Development, Developer/Owner). Council District 3. SNI: None. CEQA: EIR resolution to be adopted.

     RECOMMEND APPROVAL (4-1-2; ZITO OPPOSED; LEVY, ZAMORA ABSENT).  COMMISSIONERS EXPRESSED CONCERNS ABOUT INTENSE TRAFFIC EVEN GIVEN ROADWAY IMPROVEMENTS, AND INDICATED THERE MIGHT BE LESS TRAFFIC CONGESTION WITH LOWER LEVEL OF DEVELOPMENT.  THE COMMISSION REQUESTED CLARIFICATION ON LACK OF HOUSING IN PROPOSAL.  STAFF CLARIFIED AIRPORT NOISE CONCERNS, HAZARDOUS SOIL CONTAMINATION AND STATE REVIEW HAD PRECLUDED HOUSING AS AN OPTION FOR CITY.  COMMISSIONER DHILLON EXPRESSED THAT FLEXIBILITY IN ZONING WAS GOOD AND AS EACH DEVELOPMENT OCCURS IT WILL HAVE TO MEET OVERALL TRAFFIC RESTRICTIONS.  COMMISSIONER JAMES INDICATED NEW DEVELOPMENT ON SITE WOULD BE GOOD FOR JOBS AND GOOD FOR SAN JOSE IMAGE NEAR AIRPORT.

g. 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 southside of Trade Zone Boulevard approximately 840 feet westerly of North Capitol Avenue (2440 Trade Zone Blvd.) (Moghaddam Reza (Aka Ray Mogadam), Owner). Council District 4. SNI: None. CEQA: Mitigated Negative Declaration. Deferred from 6-25-03.

     DEFERRED TO 8-13-03.

 

5. PETITIONS AND COMMUNICATIONS

a. Public comments to the Planning Commission on nonagendized 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.