Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

Wednesday, August 27, 2003

SYNOPSIS

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

STUDY SESSION ROLL CALL

ALL WERE PRESENT, EXCEPT ZAMORA.

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. 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 northwestern corner of Lick Avenue and West Alma Avenue (Duad Properties and Sal LoBue Trust, Owner; Barry Swenson Builder, Attn: Jessie Hall, Developer). Council District 3. SNI: Washington. CEQA: Mitigated Negative Declaration. Deferred from 7-23-03.

     DEFERRED TO 9-10-03.

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. PDC03-034. Planned Development Prezoning from County to A(PD) Planned Development Zoning District to allow up to 92 single family attached residences on a 3.4 gross-acre site, located at/on the southwest corner of North Capitol Avenue and Baton Rouge Drive (Anita Messina, Trustee Of The Messina 1989, Owner; Trumark Companies Chris Davenport, Developer). Council District 4. SNI: None. CEQA: Mitigated Negative Declaration.

     RECOMMEND APPROVAL (7-0).  PULLED FROM CONSENT BY COMMISSIONER ZITO WITH QUESTIONS ON HEIGHT AND SETBACK STANDARDS.   

     STAFF CLARIFIED NEED TO BALANCE DENSITY NEAR TRANSIT WITH THAT OF EXISTING DEVELOPMENT THAT BATON ROUGE WILL ULTIMATELY BE 52 FEET WIDE, AND THAT PROJECT DRIVEWAYS WOULD NOT BE DEDUCTED FROM ACREAGE FOR DENSITY CALCULATION.   

b. AN ORDINANCE OF THE CITY OF SAN JOSÉ AMENDING TITLE 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 EIR Resolution 65457, PP03-07-224. Deferred from 7-23-03.  STAFF REPORT

     RECOMMEND APPROVAL (7-0).

c. 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 from 8-13-03.

     RECOMMEND APPROVAL (7-0).

d. CP03-048. Conditional Use Permit to allow an amusement arcade in an existing 400-square-foot building on a 4.5-acre site (Winchester Mystery House) in the CG General Commercial Zoning District located at southwest corner of Olsen Drive and South Winchester Boulevard (525 S Winchester Blvd.) (Winchester Mystery House Associates, Owner). Council District 1. SNI: None. CEQA: Exempt.

     APPROVED (7-0). PULLED FROM CONSENT BY COMMISSIONER FOR QUESTIONS ON ARCADE PERMIT HISTORY. STAFF CLARIFIED LONG-STANDING USE, BUT COOPERATION OF APPLICANT TO REGULARIZE SITUATION. STAFF CLARIFIED INCIDENTAL NATURE OF GAMES FOR PATRONS AWAITING TOURS. COMMISSION INCREASED STAFF RECOMMENDATION AND APPROVED UP TO 25 GAMES.

e. PDC03-027. Planned Development Rezoning from CO Commercial Office and R-1-8 Residence zoning districts to A(PD) Planned Development zoning district to allow:

1. Renovation of an existing two-story, 12,250-square-foot classroom building for private instruction and dormitory uses for approximately 75 students at an existing church.

2. Replacement of an existing 176-space surface parking lot at the corner of Foxworthy Avenue and Almaden Expressway with a ball field and a 1,200-square-foot modular building (no on-site outdoor lighting or PA system)

3. Addition of new landscaped areas and other minor site plan changes

    The project location is a 10.4-acre site located at the northwest corner of Hillsdale Avenue and Almaden Expressway (1175 Hillsdale Avenue) (Calvary Chapel of San Jose, Owner/Developer). Council District 9. SNI: None. CEQA: Exempt.

     RECOMMEND APPROVAL (7-0).

 The following items are considered individually.

4. 6:00 PM PUBLIC HEARINGS

a. CP03-030. Conditional Use Permit to allow construction of 229,820 square feet of retail space including a drive-thru pharmacy, 24-hour operation of a supermarket, off-site liquor sales by the supermarket and/or general retailers, and a garden center on a 25. 8 gross-acre site in the CN Neighborhood Commercial and CP Pedestrian Commercial Zoning District, located at the southeast and southwest corners of Story Road and South King Road (1604 Story RD) (San Jose Redevelopment Agency, Owner; Blake Hunt Ventures San Jose, Llc Jerry Hunt, Developer). Council District 5. SNI: K.O.N.A., East Valley/680 Communities. CEQA: Negative Declaration.

     DROPPED TO BE RENOTICED.

b. PDC02-104. Planned Development Pre-zoning of unincorporated land to A(PD) Planned Development Zoning District to allow up to 79 single-family detached residences on a 6.7 gross-acre site, located on the west side of North King Road, approximately 250 feet southerly of Commodore Drive (935 N King RD) (Salamoni Angie R Trustee & Et Al, Owner; KB Home South Bay, Inc. Jeff Mcmullen, Developer). Council District 4. SNI: None. CEQA: Mitigated Negative Declaration.

     RECOMMEND CONDITIONAL APPROVAL (7-0). COMMISSION CLARIFIED STAFF RECOMMENDATION TO INCREASE DENSITY WAS ACCEPTABLE TO APPLICANT, AND REVIEWED FUTURE BRIDGE DESIGN OPTIONS AND TIMING.  STAFF CLARIFIED THAT THE PROJECT ITSELF DOESN'T NEED IMPROVEMENTS IN CREEK, AND HAS BEEN DESIGNED FOR MAXIMUM FLEXIBILITY TO RESPOND TO THE ULTIMATE SOLUTION.

c. CP00-009.  CONDITIONAL USE PERMIT for an outdoor asphalt/concrete crushing and recycling facility in the HI Heavy Industrial Zoning District, located at/on the approximately 550 Feet northerly of Commercial street and 1000 feet westerly of Berryessa Road (Granite Rock Company Ben Licari, Graniterock Company Dir. Ben Licari, Owner). Council District 04. SNI: None. CEQA: Mitigated Negative Declaration.

     DENIED (7-0). STAFF CLARIFIED CONDITIONAL APPROVAL WITH REDUCED HOURS, AND "RAINY SEASON" DEFINITION.

    COMMISSIONERS FOCUSED ON NEIGHBORHOOD OPPOSITION REGARDING EXCESS NOISE, OVERNIGHT HOURS 7 DAYS A WEEK OF EXISTING ADJACENT FACILITY.  STAFF CLARIFIED BATCH PLANT IS A LEGAL NON-CONFORMING USE.

    STAFF PROVIDED CLARIFICATION ON CONSULTANT STUDIES PERFORMED RESULTING IN ISSUANCE OF NEGATIVE DECLARATION.  COMMISSIONER ZITO ENCOURAGED DIALOGUE TOWARD WIN-WIN SOLUTION FOR BOTH PROJECT SITE OPERATIONS.  COMMISSIONERS EXPRESSED CONCERN REGARDING ADVERSE CONDITIONS OF INDUSTRIAL PROXIMATE TO RESIDENTIAL AND ADDITIONAL AIR QUALITY AND NOISE IMPACTS THAT WOULD OCCUR WITH NEW CRUSHING OPERATION.  COMMISSION NOTED LONG GAP SINCE PRIOR COMMUNITY MEETING.

d. CP02-068. Conditional Use Permit to allow demolition and construction of a drive-through fast-food restaurant (Taco Bell & Pizza Hut) totaling 2,414 square feet on a 0.42 gross-acre site in the CP Pedestrian Commercial Zoning District (rezoning to CN Commercial pending C02-092), located at/on west side of Camden Avenue at the westerly terminus of Kooser Road (5431 Camden Ave.) (Mirassou Aldine F & Rodolphe A Trustee, Owner). Council District 9. SNI: None. CEQA: Mitigated Negative Declaration.

     APPROVED (6-1-0; LEVY OPPOSED).  DEFERRED TO 9-10-03 FOR PREPARATION OF THE RESOLUTION.  STAFF TO ADD CONDITIONS REGARDING SIGNAGE TO ENCOURAGE DRIVE-THROUGH PATRONS TO TURN DOWN STEREOS, TIME LIMIT FOR DRIVE- THROUGH TO CLOSE AT 10:00PM , AND LIMITS FOR TRUCK DELIVERY HOURS.

e. 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, 7-23-03 and 8-13-03.

    APPROVED (6-1-0; ZAMORA OPPOSED).  COMMISSIONER ZAMORA EXPRESSED CONCERN THAT NEW MONOPOLE DID NOT ADDRESS ISSUE OF OVER-CONCENTRATION OF ATTACHED ANTENNAS ON ON-SITE BUILDING BUILDING.  STAFF CONFIRMED THAT 5-YEAR TIME LIMIT WOULD PROVIDE OPPORTUNITY FOR FUTURE IMPROVEMENT WITH CO-LOCATION OPPORTUNITIES, AND THAT STAFF WOULD LOOK TO SEE FEWER SEPARATE MOUNTED ANTENNA AT TIME OF RENEWAL..

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.

b. PDC02-086. Distribution of DRAFT ENVIRONMENTAL IMPACT REPORT for the Lowe's Planned Development Rezoning to allow the development of up to 222,673 square-feet of commercial uses on an 18.75 gross-acre site located on the southeast corner of Blossom Hill and Cottle Roads. The vacant IBM Research Building #25 is eligible for the California Register of Historic Resources and is proposed for demolition, and the proposed project would remove 156 ordinance-sized trees (SCH # 2002122091).

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

a. Guadalupe River Park and Gardens Urban Design Guidelines. Recommendation to the City Council and Redevelopment Agency Board for adoption of the Guadalupe River Park and Gardens Urban Design Guidelines (San Jose Redevelopment Agency, Developer). Council District 3. CEQA: Reso. #68839.

RECOMMEND APPROVAL (7-0).  DISCUSSION REGARDING BICYCLE ACCESSIBILITY WITHIN PLAN. COMMISSION NOTED THAT CORNER LOT DEVELOPMENT COULD ALLOW ANCILLARY BUILDING. COMMISSION COMMENTED THAT LIGHTING LEVELS SHOULD BE KEPT DOWN NEAR THE RIPARIAN EDGE.

7. GOOD AND WELFARE

a. Report from the City Council

•      ZITO ASKED THAT MEMOS GOING TO COUNCIL GET EMAILED TO COMMISSIONERS FOR GP ITEMS ESPECIALLY WHERE THE COMMISSION RECOMMENDATION DIFFERED FROM THAT OF STAFF.

•      COMMISSIONERS REQUESTED COPIES OF GP TEXT.

•     COMMISSION EXPRESSED INTEREST IN CLARIFYING INDUSTRIAL DISTRICTS.

b. Commissioner's reports from Committees:  

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

• Coyote Valley Specific Plan (Platten)

        NO REPORTS GIVEN.

8. ADJOURNMENT