11/01/04 General Plan Planning Commission Agenda

Public Hearings: 2004 Hearing Agendas

Planning Commission Agenda Synopsis

Monday, November 1st., 2004

General Plan Meeting

Evening Session 6:00 p.m.
Council Chambers, City Hall

801 North First Street
San Jose, California

Bob Levy, Chair
Bob Dhillon, Vice-Chair

Xavier Campos | Jay James |
Christopher Platten | Dang T. Pham | 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 Ben Corrales Ben.Corrales@sanjoseca.gov

1. Roll Call

2. Deferrals, Drops and Withdrawal

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. The items being considered are located at the west side of North White Road and 300 feet south of McKee Road on a 1.38-acre site (Ali Kalbali, Owner/Applicant). Council District 5. SNI: None.

1. GP04-05-04: GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Medium Low Density Residential designation (8 DU/AC) to Neighborhood/Community Commercial.
DEFER TO 11/29/04

2. C04-083: CONVENTIONAL REZONING from R-1-8 Residential Zoning District to CP Commercial Pedestrian Zoning District to allow commercial/retail uses.
DEFER TO 11/29/04

b. GP03-07-09: GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Industrial Park with Mixed Industrial Overlay to High Density Residential (25-50 DU/AC) for property located on on the southeast corner of Senter Road and Needles Drive on a 6.21-acre site. (DDD Partners, Owner/Henry Cord, Applicant). Council District: 7. SNI: Tully/Senter.
DEFER TO 11/29/04

c. GP03-07-10: GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Industrial Park to General Commercial for property located on the north side of Story Road (915 Story Road) approximately 720 feet southwesterly of McLaughlin Avenue on a on 19.59-acre site. (Hewlett-Packard, Owner/Jerry Strangis, Applicant). Council District: 7. SNI: None.
DEFER TO 11/29/04

3. Consent Calendar

NOTICE TO THE 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.

4. Public Hearings

a. The items being considered are located on the west side of Highway 101 between Sunny Court and Kelly Court on an approximately 9-acre site (California Cheese Co., Owner/KB Home Family, Applicant). Council District 3. SNI: Five Wounds/ Brookwood Terrace.

1. GP03-03-15: GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Light Industrial to Medium Density Residential (8-16 DU/AC) on 7 acres and Public Park/Open Space on
1 acre.

2. PDC03-103: PLANNED DEVELOPMENT REZONING from LI Light Industrial Zoning District to A(PD) Planned Development Zoning District to allow up to 80 single-family detached residences on a 8 gross-acre site.

Recommendation
Planning staff recommends that the Planning Commission recommend to the City Council approval of Medium Density Residential (8-16 DU/AC) on 7 acres and Public Park/Open Space on 1 acre.

Planning staff recommends that the Planning Commission recommend to the City Council approval of A(PD) Planned Development Zoning District to allow up to 80 single-family detached residences on a 8 gross acre site.

RECOMMEND APPROVAL FOR GENERAL PLAN AMENDMENT 7-0-0. RECOMMEND APPROVAL FOR PLAN DEVELOPMENT REZONING 5-2-0 (COMMISSIONERS ZITO AND LEVY OPPOSED).

STEVE BULL OF KB HOME, THE APPLICANT, MADE A PRESENTATION ON BOTH THE GENERAL PLAN AMENDMENT AND THE REZONING. HE DESCRIBED THE SITE PLAN AND PROPOSED IMPROVEMENTS TO THE TRAFFIC SIGNAL AT WILLIAM AND MCLAUGHLIN STREETS, WHICH ALTHOUGH NOT REQUIRED, WOULD BE IMPLEMENTED AS A PART OF THIS PROJECT. HE ALSO REQUESTED THAT THE COMMISSION NOT RECOMMEND APPROVAL OF CONDITION NUMBER ONE, "THE SETBACK FOR UNITS ON PRIVATE DRIVES FOR LIVING AREA TO PERIMETER LOT LINE SHALL BE 15 FEET", AS RECOMMEND BY PLANNING STAFF.

PUBLIC TESTIMONY WAS THEN TAKEN. THERE WERE THREE COMMUNITY MEMBERS WHO SPOKE ON THE PROPOSED GENERAL PLAN AMENDMENT AND REZONING.

YOLANDA GUITTIERREZ, A RESIDENT WHO LIVES ADJACENT TO THE PROPOSED PROJECT, STATED THAT SHE WAS AGAINST THE PROPOSED PROJECT BECAUSE IT WOULD INCREASE TRAFFIC IN A NEIGHBORHOOD THAT IS ALREADY IMPACTED, THE SUBJECT SITE IS POLLUTED AND WILL CAUSE HEALTH PROBLEMS TO THOSE LIVING IN THE NEIGHBORHOOD, AND THAT WHAT THE NEIGHBORHOOD REALLY NEEDS IS A LARGE PARK.

NEELAM PATHIKONDA, REPRESENTING THE SILICON VALLEY TOXICS COALITION, SPOKE AGAINST THE PROPOSED PROJECT BY STATING THAT THERE IS NOT ENOUGH LAND FOR JOB GENERATING USES IN THE AREA AND THERE IS A NEED FOR OPEN SPACE. SHE ALSO STATED THAT BONITA AVENUE IS A DIFFICULT PLACE TO FIND PARKING AND THAT RESIDENT'S PARK ON THEIR LAWNS. SHE WAS ALSO CONCERNED ABOUT THE AFFORDABILITY OF THE PROJECT.

LUISA CHAVANN, ALSO REPRESENTING THE SILICON VALLEY TOXICS COALITION, SPOKE AGAINST THE PROPOSED PROJECT. SHE SUBMITTED A PETITION SIGNED BY APPROXIMATELY 158 PEOPLE. THE PETITION STATES, "WE BELIEVE THE CITY OF SAN JOSE SHOULD INVEST IN THE COMMUNITY ALREADY LIVING IN THE NEIGHBORHOOD BY BUILDING A PARK, SUPPLYING MORE GREEN SPACE AND CONSTRUCTING LOW INCOME HOUSING." SHE ALSO STATED THAT SHE HAD ASTHMA DO TO POLLUTANTS IN THE AREA AND PEOPLE WHO USE BONITA AVENUE AS A CUT THROUGH TO HIGHWAY 101 CAUSE TRAFFIC IN THE AREA.

PLANNING STAFF RESPONDED TO THE COMMENTS GIVEN BY THE SPEAKERS BY STATING THAT THE PROJECT PROPOSES A 0.73-ACRE PUBLIC PARK THAT WOULD SERVE THE SURROUNDING NEIGHBORHOOD, A PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT WAS CONDUCTED FOR THE SITE AND MITIGATION MEASURES RESULTING FORM THAT REPORT ARE INCLUDED AS A PART OF THE PROJECT AND THAT BASED ON THE CITY'S LEVEL OF SERVICE POLICY THE PROPOSED PROJECT DID NOT HAVE A TRAFFIC IMPACT. STAFF ALSO ADDED THAT THE GENERAL PLAN AMENDMENT REQUEST WAS ANALYZED AS A POTENTIAL INDUSTRIAL CONVERSION AND THAT STAFF CONCLUDED THAT THE SITE WAS NOT LOCATED WITHIN AN IDENTIFIED EMPLOYMENT AREA, AND THAT ELIMINATING THE INDUSTRIAL USE AND REPLACING IT WITH A RESIDENTIAL USE AT THE DENSITY OF THE SURROUNDING NEIGHBORHOOD WILL ACHIEVE THE GOAL OF THE HOUSING MAJOR STRATEGY AND IMPROVE THE COMPATIBILITY OF THE SITE INTERFACE WITH THE EXISTING NEIGHBORHOOD. THE PLANNING COMMISSION THEN CLOSED THE PUBLIC HEARING AND VOTED 7-0-0 TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE PROPOSED GENERAL PLAN AMENDMENT.

FOLLOWING THE VOTE ON THE GENERAL PLAN AMENDMENT, COMMISSIONER PLATTEN MADE A MOTION TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE REZONING AS RECOMMENDED BY STAFF. HE STATED THAT THE COMMUNITY WAS UNDERSERVED BY PARKS AND ALTHOUGH THE NEIGHBORHOOD FELT THAT THE PROPOSED RESIDENTIAL DENSITY ON THE SITE IS TO HIGH, THE APPROVAL OF THE PROJECT WOULD GIVE THEM A PARK, THAT DOES NOT EXIST IN THEIR NEIGHBORHOOD TODAY. THE COMMISSION THEN HAD A DISCUSSION ON THE MOTION.

COMMISSIONER CAMPOS QUESTIONED HOW THE APPLICANT WOULD BE PROVIDING THE REQUIRED 20% AFFORDABLE UNITS AND IF THERE WAS SOMETHING THEY COULD DO ABOUT THE UNLANDSCAPED EMBANKMENT ON KELLY COURT. THE APPLICANT RESPONDED THAT THEY WILL BE PROVIDING THE REQUIRED NUMBER OF AFFORDABLE UNITS ON THEIR SITE AND THAT THEY WOULD WORK WITH STAFF AND THE OWNER OF THE EMBANKMENT TO GET IT LANDSCAPED.

COMMISSIONER ZITO STATED THAT HE WAS CONCERNED ABOUT THE SMALL PARCEL SEPARATING A PORTION OF THE PROJECT FROM THE PROPOSED PARK BEING A PART OF THE PROPOSE REZONING. HE ALSO STATED THAT THE PROPOSED DWELLING UNIT TYPE THAT INCORPORATES LARGE NUMBERS OF BEDROOMS WILL RESULT IN LARGER FAMILIES OCCUPYING THE PROJECT, AND THAT THERE IS VERY LITTLE PRIVATE OPEN SPACE PROVIDED PER UNIT.

COMMISSIONER JAMES QUESTIONED PLANNING STAFF'S RECOMMENDED CONDITION FOR A 15-FOOT SETBACK FROM LIVING AREA TO PERIMETER LOT LINE FOR UNITS ON PRIVATE DRIVES AND IF THERE WAS A WAY FOR THE DEVELOPER TO MODIFY THE SITE PLAN TO ACCOMMODATE THE SAME AMOUNT OF UNITS AND THE SETBACK. HE REQUESTED TO AMEND THE MOTION TO ALLOW FLEXIBILITY IN THE 15-FOOT SETBACK AND THAT THE 15 FEET SHOULD BE A MAXIMUM. COMMISSIONER ZITO AND LEVY CONCURRED THAT THE DEVELOPER WAS TRYING TO FIT TOO MANY UNITS ON THE SITE.

THE COMMISSION THEN VOTED 5-2-0 (ZITO AND LEVY OPPOSED) TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE PROPOSED REZONING AS CONDITIONED BY STAFF WITH THE EXCEPTION OF CONDITION NUMBER ONE, WHICH SHOULD BE CHANGED TO STATE, "THE SETBACK FOR UNITS ON PRIVATE DRIVES FOR LIVING AREA TO PERIMETER LOT LINE SHALL CORRESPOND WITH THE SETBACK OF BUILDINGS ON THE ADJACENT PROPERTY WITH A MAXIMUM SETBACK OF 15 FEET TO THE SATISFACTION OF THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT."

b. The items being considered are located at the southwest corner of Jackson Avenue and McKee Road on a 34.4-acre site (San Jose Health System, LP, Owner/Applicant). Council District: 5. SNI: None.

1. FINAL ENVIRONMENTAL IMPACT REPORT (EIR) to allow the expansion of medical facility uses on the Regional Medical Center of San Jose 34.4 gross-acre site. The project proposes a General Plan Amendment (GP03-05-10) on 17.2-acres of the site from Medium-High Density Residential (12-25 DU/AC) on 7.9 acres, Office on 4.7 acres, and Neighborhood/Community Commercial on 4.6 acres to Public/Quasi-Public, and a Planned Development Rezoning (PDC03-093) to allow up to 1,030,000 square feet of medical facility uses on the site, including a new emergency department, trauma center, a roof-top helipad, intensive care facilities, women’s and infant services, and medical offices.

2. GP03-05-10: GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designations from Medium High Density Residential (12-25 DU/AC) on 7.9 acres, Office on 4.7 acres, and Neighborhood/Community Commercial on 4.6 acres to Public/Quasi Public on 17.2 acres. CEQA: Resolution to be Adopted.

3. PDC03-093. PLANNED DEVELOPMENT REZONING from A Agriculture, CG Commercial General, CO Commercial Office, A(PD) Planned Development, R-2 Two Family Residence Districts to A(PD) Planned Development Zoning District to allow up to 1,030,000 square feet of medical office uses on a 34.4 gross-acre site. CEQA: Resolution to be Adopted.

Recommendation
(EIR) Planning staff recommends that the Planning Commission find that the Final EIR prepared for this project has been completed in compliance with and conforms to the requirements of CEQA and that the Final EIR reflects the City’s independent judgment and analysis. The Planning Commission further directs staff to forward and present the certified Final EIR to the City Council for review and consideration.

Planning staff recommends that the Planning Commission recommend to the City Council approval of Public/Quasi-Public on 17.2 acres.

Planning staff recommends that the Planning Commission recommend to the City Council approval of A(PD) Planned Development Zoning District to allow up to 1,030,000 square feet of medical office uses on a 34.4 gross-acre site.

RECOMMEND APPROVAL FOR FINAL ENVIRONMENTAL IMPACT REPORT 7-0-0.
RECOMMEND APPROVAL FOR GENERAL PLAN AMENDMENT 7-0-0. RECOMMEND APPROVAL FOR PLAN DEVELOPMENT REZONING 7-0-0.

APPROXIMATELY 25 SPEAKERS FROM THE COMMUNITY INDICATED CONCERNS REGARDING REMOVAL OF EXISTING TREES ON THE PROJECT SITE, POTENTIAL INCREASES IN TRAFFIC, LACK OF SUFFICIENT PUBLIC TRANSIT SERVING THE SITE, AND POTENTIAL NOISE IMPACTS FROM AMBULANCE SIRENS AND HELICOPTERS. STAFF CLARIFIED THAT NOISE IMPACTS WERE ANALYZED THROUGH THE ENVIRONMENTAL IMPACT REPORT.

A MAIN CONCERN FOR MANY SPEAKERS WAS THE CLOSURE OF SAN JOSE MEDICAL CENTER (SJMC) IN THE DOWNTOWN. STAFF CLARIFIED THAT THE CLOSURE OF SJMC WAS AN INDEPENDENT BUSINESS DECISION BY THE CORPORATE OWNER OF BOTH SJMC AND REGIONAL MEDICAL CENTER, AND THAT STAFF’S LAND USE RECOMMENDATION DID NOT TAKE IT INTO ACCOUNT. SEVERAL SPEAKERS NOTED THAT A CITY-COUNTY STUDY REGARDING THE CLOSURE OF SJMC WAS DUE IN MID-NOVEMBER AND REQUESTED THE COMMISSION DEFER THE ITEM. STAFF NOTED THAT THE INFORMATION FROM THE STUDY WOULD LIKELY BE AVAILABLE TO THE CITY COUNCIL WHEN HEARING THE ITEM.

APPROXIMATELY 10 REPRESENTATIVES FROM VARIOUS DEPARTMENTS AT SAN JOSE MEDICAL AND REGIONAL MEDICAL CENTER SPOKE IN SUPPORT OF THE PROJECT AND THE EXPANDED TECHNOLOGY AND SERVICES THAT WOULD RESULT FROM THE PROPOSED PROJECT.

NEIL STRUTHERS RECOMMENDED APPROVAL OF THE PROJECT, COMMENTING ON THE BENEFIT OF NEW JOBS FOR THE EAST SIDE, INCLUDING HEALTH WORKERS AND CONSTRUCTION WORKERS. COMMISSIONER ZITO AGREED THAT NEW JOBS WERE IMPORTANT, BUT DID NOT SEE THE NET GAIN TO OFFSET THE ENVIRONMENTAL IMPACTS. COMMISSIONER JAMES INDICATED AN INTEREST IN SAVING MORE EXISTING TREES. THE APPLICANT STATED THAT THERE ARE NOT MANY OPTIONS FOR BUILDING PLACEMENT. STAFF INDICATED THAT FINAL TREE REMOVAL DECISIONS ARE MADE AT THE PLANNED DEVELOPMENT PERMIT STAGE.

COMMISSIONER ZITO ASKED FOR CLARIFICATION ON IMPACTS TO CAPITOL EXPRESSWAY, AND STAFF NOTED THE FUTURE ENVIRONMENTAL IMPACT REPORT FOR THE EVERGREEN STRATEGY WOULD INCLUDE REGIONAL MEDICAL CENTER EXPANSION IN THE BACKGROUND. COMMISSIONER DHILLON COMMENTED ON DIFFERENT HEALTH CARE CHOICES, WHICH WOULD BE AVAILABLE TO RESIDENTS, AND THE CITY ATTORNEY CLARIFIED THAT SUCH SOCIAL IMPACTS WOULD ONLY BE CEQA ISSUES IF THEY RESULT IN PHYSICAL IMPACT TO THE ENVIRONMENT. COMMISSIONER PLATTEN NOTED THAT SAN JOSE DOES NOT HAVE A LEVEL OF SERVICE STANDARD FOR HEALTH CARE, AND MOVED THAT THE COMMISSION CERIFTY THE EIR AND RECOMMEND APPROVAL OF THE GENERAL PLAN AMENDMENT. COMMISSIONER JAMES STATED THAT SAN JOSE CAN’T CONTROL A PRIVATE BUSINESS ENTITY CLOSING AND THAT EXPANDED REGIONAL MEDICAL CENTER WILL BE A BENEFIT TO THE COMMUNITY. COMMISSIONER CAMPOS CONCURRED, BUT RECOMMENDED INCLUSION OF TRIP REDUCTION MEASURES TO ENCOURAGE ALTERNATIVE MODES OF TRANSPORTATION, ENHANCE PEDSTRIAN CONNECTIONS, TO PROVIDE DIRECT, SAGE ACCESS FROM TRANSIT STOPS, DAY CARE FOR ONSITE WORKERS AND THE COMMUNITY AND ON-SITE SERVICES LIKE A CAFETERIA TO REDUCE TRIPS. THE COMMISSION CONCURRED AND VOTED TO APPROVE THE GENERAL PLAN AMENDMENT AND PD ZONING.

COMMISSIONER PLATTEN CONDEMNED THE ACTIONS OF HCA IN CLOSING SJMC. COMMISSIONER ZITO COMMENTED THAT THE HOSPITAL WORK WITH DOWNTOWN NEIGHBORHOOD ADVISORY COMMITTEES TO ESTABLISH SHUTTLE SERVICE FROM DOWNTOWN, AND COMMISSIONER CAMPOS RECOMMENDED THE HOSPITAL WORK WITH VTA TO CREATE 24 HOUR DIRECT TRANSIT SERVICE TO THE SITE AND THAT HCA WORK WITH EXISTING AGENCIES TO HELP PROVIDE HEALTH CARE SERVICES.

5. CONTINUE THE PUBLIC HEARING ON THE 2004 FALL HEARING ON GENERAL PLAN AMENDMENTS TO NOVEMBER 17, 2004

6. 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.

7. ADJOURNMENT