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Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

SYNOPSIS

Wednesday, August 13, 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:

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 CAMPOS AND PLATTEN.

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 and 7-23-03.

     DEFERRED TO 8-27-03.

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. STREET VACATION. Vacation of a portion of Crucero Drive, located at the northwesterly terminus of Crucero Drive, approximately 100 feet northwesterly of Carnelian Drive (The City of San Jose, Owner; John Stewart Co.; Applicant). Council District 7. CEQA: Exempt.

     RECOMMEND APPROVAL (5-0-2; CAMPOS, PLATTEN ABSENT).

b. CP03-040. Conditional Use Permit to allow a warehouse/wholesale facility in an existing building on a 5.0 gross acre site in the IP Industrial Park Zoning District, located on the southerly side of Stauffer Boulevard, approximately 700 feet westerly of Monterey Highway (1979 MONTEREY RD) (Monterey Lafayette LLC, Owner). Council District 7. SNI: None. CEQA: Exempt.

     APPROVED (5-0-2; CAMPOS, PLATTEN ABSENT).

c. CP03-038. Conditional Use Permit to allow auction/lien sale of automobiles at an existing towing facility on a 2.51 gross acre site in the HI Heavy Industrial Zoning District, located on the north side of Leo Avenue approximately 520 feet southeasterly of South Seventh Street (215 LEO AV) (Ganoza Nemo And Andrea P, Owner). Council District 7. SNI: None. CEQA: Exempt.

     APPROVED (5-0-2; CAMPOS, PLATTEN ABSENT).

d. ST03-007. Street Renaming of a segment of San Fernando Street (located between Bush Street and Laurel Grove Lane) to Laurel Grove Lane (Cahill South LLC, Developer). Council District 6. SNI: Burbank/Del Monte. CEQA: Negative Declaration.

     RECOMMEND APPROVAL (5-0-2; CAMPOS, PLATTEN ABSENT).

e. SF03-007. Single Family House Permit to convert 482 square-feet of attic to living space and 1902 square-feet of basement into living space in an existing single family residence on a 0.14 gross acre site, located at/on the east side of South 6th Street approximately 120 feet north of East San Fernando Street (80 S. 6th St.) (Williams, Marvin, Owner). Council District 3. SNI: 13th Street. CEQA: Exempt.

     RECOMMEND APPROVAL (5-0-2; CAMPOS, PLATTEN ABSENT).

f. CP03-044. Conditional Use Permit to allow the construction of a new 60-foot monopole, installation of 3 panel antennas on the pole and construction of a 238 square-feet ancillary equipment shelter on a 2.00 gross acre site in the IP Industrial Park Zoning District, located at/on the southeast corner of Highway 880 and Rock Avenue (900 Rock Avenue) (Balch Llc, Owner). Council District 4. SNI: None. CEQA: Exempt.

     APPROVED (5-0-2; CAMPOS, PLATTEN ABSENT).

g. RCP03-019. CONDITIONAL USE PERMIT AMENDMENT for a project located on the west side of North San Pedro Street between West Saint John Street and West Saint James Street (175 North San Pedro Street) on a 0.20-gross-acre site in the (CG) Commercial General Zoning District. The Conditional Use Permit allow an existing drinking establishment to have continued live entertainment and after-midnight use until 2:00am, daily. This amendment allows the use to continue for an additional five years. (James Boccardo, Owner; Aimee Escobar, Developer). Council District 3. CEQA: Reso. #68839.

     APPROVED (5-0-2; CAMPOS, PLATTEN ABSENT).

h. PDC03-007. Planned Development Rezoning from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District to allow 32,022 square-feet of industrial design uses on a 2.248 gross acre site, located on the west side of Gold Street approximately 150 feet southerly of the Guadalupe River (San Jose / Alviso Youth Foundation Mr Tom Jodry, Owner/Developer). Council District 4. SNI: None. CEQA: EIR reso 69392.

      DEFERRED TO 8-27-03.

i. CP03-006. Conditional Use Permit to allow the installation of three 8-foot tall wireless communication antenna panels to existing 105 foot tall PG&E utility pole and the construction of a 1,000 square foot equipment shelter with an emergency back-up generator on a 0.25 gross acre site in the R-1-8 Single-Family Residence Zoning District, located on the south side of Singletree Way approximately 300 feet westerly of Park Manor Drive (Pacific Gas And Electric Co, Owner; Verizon Wireless, Developer). Council District 10. SNI: None. CEQA: Exempt.

     APPROVED (5-0-2; CAMPOS, PLATTEN ABSENT).

j. PDC03-038. Planned Development Rezoning from A Agriculture Zoning District to A(PD) Planned Development Zoning District to allow up to 84 single-family detached residences on a 9.17 gross acre site, located on the eastside of Flickinger Avenue approximately 600 feet southerly of Hostetter Road (Berryessa Union School District, Geraldine Harge, Owner; Pulte Homes, Developer). Council District 4. SNI: None. CEQA: Mitigated Negative Declaration

     RECOMMEND APPROVAL (5-0-2; CAMPOS, PLATTEN ABSENT).  PULLED FROM CONSENT BY COMMUNITY GARDEN USERS WHO HAD CONCERNS ABOUT TIMING OF RELOCATION OF THE COMMUNITY GARDEN. COMMISSIONER LEVY QUESTIONED THE ADEQUACY OF 3-FOOT SIDE SETBACK.     

4. 6:00 PM PUBLIC HEARINGS

a. C03-041. Conforming Rezoning from LI Light Industrial Zoning District to CG General Commercial Zoning District to allow commercial uses on a 0.16 gross acre site, located at/on the west side of South 1st Street approximately 60 feet southeasterly of Union Street (745 S 1st Street, Unit 6) (Castro, Ross And Carol Y, Owner). Council District 3. SNI: Washington. CEQA: Use of San Jose 2020 General Plan EIR Reso # 65459.

     RECOMMEND APPROVAL (5-0-2; CAMPOS, PLATTEN ABSENT).

b. The project being considered is located at/on the southwest corner of Tully Road and Capitol Expressway on a 27.3 gross acre site in the CG General Commercial Zoning District (Sears Roebuck and Company/Eastridge Shopping Center L.L.C, Owner). Council District 8. SNI: None.

1. FINAL ENVIRONMENTAL IMPACT REPORT for the Eastridge Mall Redevelopment Conditional Use Permit (CP02-047) to demolish 254,991 square-feet of commercial space, including the existing ice rink, and the construction of 254,991 square-feet for commercial and retail uses including an indoor movie theater.

     CERTIFIED THE ENVIRONMENTAL IMPACT REPORT (5-0-2; CAMPOS, PLATTEN ABSENT).    

2. CP02-047. Conditional Use Permit to demolish 254,991 square-feet of existing mall space and construct 254,991 square-feet for commercial and retail uses including an indoor movie theater to operate past 12:00 midnight.

     APPROVED (5-0-2; CAMPOS, PLATTEN ABSENT). COMMISSION DISCUSSED LOSS OF ICE RINK AND THAT THE CITY CANNOT MANDATE SPECIFIC PROJECT TENANTS. GENERAL AVIATION PILOTS REPRESENTATIVES EXPRESSED SAFETY CONCERN ABOUT TALL TREES IN PARKING LOTS.

c. PP03-03-088. Civic Plaza Parking Garage ENVIRONMENTAL IMPACT REPORT. A three-bay parking structure on the 1.22-acre site, which would contain 1,250 parking spaces. The proposed parking structure will be approximately nine stories, with two stories below grade and seven stories above grade, for an above-ground building height of approximately 70 feet. The main access to the proposed parking structure would be from Fourth Street, with secondary access located on North Fifth Street. Council District: 3.

     CERTIFIED THE EIR (5-0-2; CAMPOS, PLATTEN ABSENT).

d. 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 (a.k.a Ray Mogadam), Owner). Council District 4. SNI: None. CEQA: Mitigated Negative Declaration. Deferred from 6-25-03 and 7-23-03.

     RECOMMEND DENIAL (5-0-2; CAMPOS, PLATTEN ABSENT). COMMISSION SUPPORTED STAFF COMMENTS THAT PROPOSED PROJECT DENSITY IS TOO LOW AND SITE IS A LOST OPPORTUNITY FOR A HIGHER DENSITY PROJECT.

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.

     NO DISCUSSION.

6. REFERRALS FROMCITY COUNCIL, BOARDS, COMMISSIONS OR OTHER AGENCIES

     NO REPORT GIVEN.

7. GOOD AND WELFARE

a. Report from the City Council

           GETTING FAMILIES BACK TO WORK MEMO, SCHEDULES, ETC.

b. Commissioner's reports from Committees:

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

    •      REPORT GIVEN.

  • Coyote Valley Specific Plan (Platten)

    •      PLATTEN ABSENT, STAFF GAVE REPORT.

c. Comments on Annual Report

          ANNUAL REPORT APPROVED (5-0-2).

8. ADJOURNMENT