9/10/03 Planning Commission Agenda

Public Hearings: 2003 Hearing Agendas

Planning Commission Agenda

SYNOPSIS

Wednesday, September 10, 2003

6:00 p.m. Regular Meeting
Room 205, Council Chambers, City Hall
801 North First Street
San Jose, California

Joint meeting with Parks and Recreation Commission, Part 2
Study Session 5:00 p.m.
Room 400, City Hall

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

STUDY SESSION ROLL CALL

ALL WERE PRESENT, EXCEPT PLATTEN.

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. 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, 6-11-03 and 7-23-03.

     DEFERRED TO 9-24-03.

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. CP02-068. ADOPTION OF A RESOLUTION FOR A 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. Approve and continued from 8-27-03 for preparation of the resolution.

     APPROVED (7-0). PULLED FROM CONSENT BY COMMISSIONER JAMES FOR CORRECTION TO CONDITION 6.

b. CP03-051. Conditional Use Permit to allow installation of 6 wireless communication antennas on a 0.6 gross-acre site in the HI Heavy Industrial Zoning District, located at/on east side of North 27th Street approximately 100 feet northwesterly of East St James Street (224 N 27th Street) (Lino S & Mary F Vieira Trustee, Owner; Cingular Wireless Ms Lisa Prosch, Developer). Council District 3. SNI: Five Wounds/Brookwood Terrace. CEQA: Exempt.

     APPROVED (7-0).

c. CP03-052. Conditional Use Permit to allow the sale of alcoholic beverages for off-site consumption on a 0.5-acre site in the CP-Pedestrian Commercial Zoning District, located on the east side of Saratoga Avenue approximately 450 feet southerly of Lawrence Expressway (1822 Saratoga Avenue) (Geoffrey Farrar, Owner; Edward MacKauf, Applicant). Council District 1. SNI: None. CEQA: Exempt.

     APPROVED (7-0).

d. CP03-050. Conditional Use Permit to allow the installation of nine wireless communication antennas on an existing PG&E tower and associated equipment cabinet in the R-1-8 Residential Zoning District, located on the south side of Shadowtree Avenue approximately 90 feet westerly of Coral Tree Place (City of San Jose, Owner; Cingular Wireless, Developer). Council District 4. SNI: None. CEQA: Exempt.

     APPROVED (7-0).

e. PDC03-021. Planned Development Rezoning from R-1-8 Residential District to A(PD) Planned Development District to allow 3 single-family detached-residences on a 0.88 gross-acre site, located at/on the west side of South 34th Street, opposite of Los Suenos Avenue (Zurich Properties LP, Owner; Innovative Housing Solutions, Grant A. Denmark, Jr., Developer). Council District 5. SNI: Gateway East. CEQA: Exempt.

     RECOMMEND APPROVAL (7-0). PULLED FROM CONSENT BY COMMISSIONER DHILLON WITH. QUESTION ABOUT CONFORMANCE TO FLAG LOT POLICY. STAFF CLARIFIED UNIQUE EXISTING SITUATION ON PROJECT SITE, AND THE LEGAL MECHANISMS IN PLACE TO ENSURE MAINTENANCE OF NEW ROAD.

f. C03-065. Conforming Prezoning from County to R-1-8 Residential Zoning District to allow residential uses on a 0.13 gross-acre site, located at/on the east side of Wabash Avenue approximately 80 feet northerly of Olive Street (105 Wabash Ave.) (Joe Y Na, Owner). Council District 6. SNI: Burbank/Del Monte. CEQA: Exempt.

     RECOMMEND APPROVAL (7-0).
The following items are considered individually.

4. 6:00 PM PUBLIC HEARINGS

a. The project being consider is located at/on the northwest corner of Lick Avenue and West Alma Avenue (1303 Lick Avenue) on a 3.18 gross-acre site in an A(PD) Planned Development District (Tamien Place) (Duad Properties and Sal LoBue Trust, Owner; Barry Swenson Builder, ATTN: Jessie Hall, Developer).. Council District 3. SNI: Washington. Deferred from 7-23-03 and 8-27-03.

     1. PDC02-072. Protest of a Negative Declaration.

     UPHELD NEGATIVE DECLARATION (7-0). COMMISSION DISCUSSION FOCUSED ON DISTRIBUTION OF TRAFFIC TO FUTURE COYOTE INDUSTRIAL JOBS, NEED FOR FUTURE TRAFFIC CALMING, SHADING BY TOWERS, NEED FOR PARKS AND ACCESS TO TRAIL, AND OUTREACH CONCERNS.

    COMMISSION CONCLUDED EIR NOT NEEDED BECAUSE LENGTHY ANALYSIS PROCESS INVOLVING MANY STUDIES HAD BEEN PERFORMED TO SHOW NO SIGNIFICANT IMPACT BY PROJECT.

   2. PDC02-072. PLANNED DEVELOPMENT REZONING from LI Light Industrial Zoning District to A(PD) Planned Development District to allow up to 260-single-family attached residential uses on a 3.18 gross-acre site.

RECOMMEND APPROVAL (7-0). LENGTHY PUBLIC TESTIMONY FOCUSED ON THE NEED FOR AREA PARKS AND TRAIL CONNECTION TO BE BUILT CONCURRENTLY WITH THE PROJECT, THE BENEFITS OF INCLUDING RETAIL MIXED USE IN THE PROJECT CONCERN REGARD 11 STORY HEIGHT OF TOWERS, OPERATIONAL TRAFFIC AND PEDESTRIAN CIRCULATION ISSUES AND PROCESS USED FOR AMENDMENT OF THE TAMIEN PLAN.

STAFF PROVIDED CLARIFICATION OF EXISTING TRAIL ACCESS AND PARK DEVELOPMENT PROCESS, INDICATING ACCESS DIRECTLY TO TRAIL INFEASIBLE FOR ENGINEERING REASONS. STAFF ALSO CLARIFIED THE MULTI-YEAR PROCESS OF GENERAL PLAN AMENDMENTS WHICH HAD MODIFIED THE TAMIEN PLAN FOR THIS SITE TO ALLOW 120 FEET IN HEIGHT AND NO MIXED USE OR RETAIL.

THE COMMISSION NOTED THAT RETAIL WOULD ULTIMATELY BE ON SITE NEARER THE STATION, AND THAT RESIDENTS OF THE PROJECT WOULD BE CUSTOMERS TO UPGRADE EXISTING WILLOW STREET BUSINESS DISTRICT.
THE COMMISSION STRESSED THAT EVERY ATTEMPT BE MADE TO BUILD A PARK IN TANDEM WITH PROJECT. THE COMMISSION COMMENDED THESE CITIZENS OF COMMUNITY FOR BRINGING FORTH THEIR VIEWPOINTS AND THANKED THE NEIGHBORHOOD FOR STAYING SO LATE INTO THE EVENING
b. PDC02-091. Planned Development Rezoning from A(PD) Planned Development District to A(PD) Planned Development District to allow up to 5 single-family detached residences on a 1.36 gross-acre site, located at the south side of Fleming Avenue approximately 490 feet southeasterly of Story Road (1201 Fleming Avenue) (Touche Properties Inc, Owner). Council District 5. SNI: None. CEQA: Mitigated Negative Declaration.

     RECOMMEND APPROVAL (7-0). COMMISSION RECOMMENDS APPROVAL OF "ALTERNATIVE PLAN" WITH DEDICATION FOR CONTINUATION OF FULLER.

c. CP03-030. Conditional Use Permit to allow the demolition of up to 104,700 square-feet of commercial buildings; removal of 21 ordinance-sized trees of various sizes and species; construction of up to 262,100 square-feet of retail space, including a drive-through pharmacy, garden center, and up to 1,472 space parking lot; 24-hour operation of a supermarket, pharmacy and pharmacy drive-through; and off-site liquor sales by a supermarket and/or general retailers on up to a 27.6 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 (San Jose Redevelopment Agency, Applicant; Blake Hunt Ventures San Jose, LLC, Jerry Hunt, Developer). Council Districts 5 and 7. SNI: K.O.N.A., East Valley/680 Communities. CEQA: Negative Declaration.

     APPROVED (7-0). COMMISSION EXPRESSED CONCERN OVER ANY ADDITIONAL ALCOHOL OFF-SALES ON SITE, HEARING TESTIMONY FROM SURROUNDING RESIDENTS ON ISSUE. COMMISSION COMMENDED PROCESS TO IMPROVE RETAIL SHOPPING CENTER, BUT WITHOUT ADDITIONAL OFF-SALE OF ALCOHOL UNTIL PRIMARY NEW ANCHOR TENANT IS KNOWN.

d. RAPD03-001. APPEAL OF SJ REDEVELOPMENTS EXECUTIVE DIRECTOR'S DECISION TO APPROVE A PLANNED DEVELOPMENT PERMIT of a project located on the northeast corner of East William Street and South Third Street (480 South Third Street) on a .44-gross-acre site in the A (PD) Planned Development Zoning District to allow a 10 bed emergency shelter plus 2 staff residential service facility, with a 4000 square foot social service agency, 850 square-feet of classroom/ community-center space, and five multi-family attached-residential units, and 22 parking spaces (San Jose Redevelopment Agency, Owner/Emergency Housing Consortium, Developer/Steve Cohen, Appellant). Council District 3. CEQA: Reso. #68839.

     UPHELD SAN JOSE REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR'S DECISION TO APPROVE (6-0-1; CAMPOS ABSENT).

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.

     TWO SPEAKERS ON TAMIEN PLAN PROCESS.

b. Distribution of GP03-03-01 DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) for the Brandenburg Mixed Use/North San Pedro Housing Sites project for the development of approximately 60,000 square-feet of commercial uses and approximately 1,500 residential units and the realignment of West Julian Street between North Market Street and West Saint James Street located generally east of State Route 87, south of the Union Pacific Railroad line, north of West St. James Street, and west of Market Street. The proposed project requires an amendment to the San Jose 2020 General Plan, rezoning, and associated land use permits, development agreements, acquisition and assembly of property, street abandonment and infrastructure improvements. Council District 3.

c. Distribution of GP03-T-08/H03-039 (EBAY North Development Project and General Plan Amendment) DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) for a General Plan Text Amendment to the San Jose 2020 General Plan Appendix "F", to increase the maximum allowable height from 120 feet to 150 feet and a Site Development Permit to allow up to 2,000,000 square feet of office/research and development uses on a 48.0 gross-acre site located on the west side of North First Street between Guadalupe Parkway and Karina Court. Council District 4.

d. Distribution of GP03-07-07 (General Electric General Plan Amendment) DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) for a General Plan Amendment to change the land use designation on the 55.1-acre site from Heavy Industrial (48.5 acres) and Industrial Park (6.6 acres) to General Commercial, located at the northwest corner of Curtner Avenue and Monterey Road in central San Jose. Council District 7.

6. REFERRALS FROM CITY COUNCIL, BOARDS, COMMISSIONS OR OTHER AGENCIES

     NO REPORT GIVEN.
7. GOOD AND WELFARE

a. Report from the City Council

     NO REPORT GIVEN.

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)

     REPORT GIVEN.

8. ADJOURNMENT

6:00 p.m. Regular Meeting Room 205, Council Chambers, City Hall 801 North First Street San Jose, California

Joint meeting with Parks and Recreation Commission, Part 2 Study Session 5:00 p.m. Room 400, City Hall

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.