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From YouTube: SEP 13, 2023 | Planning Commission
Description
City of San José, California
Planning Commission, September 13, 2023.
This public meeting will be held at San José City Hall and also accessible via Zoom Webinar. For information on public participation via Zoom, please refer to the linked meeting agenda below.
Agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=1120208&GUID=05B2AA77-E94C-4032-B781-1C7702BE21E6
A
A
A
A
A
B
Evening
my
name
is
Justin
lardinois
and
I'm.
The
chair
of
the
Planning
Commission
welcome
to
the
Planning
Commission
meeting.
Please
remember
to
turn
off
your
cell
phones.
The
parking
validation
machine
for
the
garage
under
City
Hall
is
located
in
the
rear
of
the
chambers
up
at
the
top
following
roll
call
during
summer
of
hearing
procedure,
we'll
review
how
the
public
May
provide
comment
during
today's
session,
but
now
we
will
stand
and
salute
the
flag.
B
B
Commissioner,
young
here,
okay,
summary
of
hearing
procedures.
If
you
want
to
address
the
commission,
please
fill
out
a
speaker
card
located
on
the
table
near
the
audio
visual
technician
and
deposit
the
completed
card
in
the
basket.
There
are
also
speaker
cards
in
the
back
of
the
chambers
and
at
the
side
entrance.
The
procedure
for
this
hearing
is
as
follows:
after
staff's
presentation,
applicants
and
or
repellents
may
make
up
to
a
five
minute
presentation.
B
During
the
public
comment
period,
the
chair
will
call
out
names
on
the
submitted
speaker
cards
and
the
order
received
for
those
members
of
the
public
who
attend
in
person,
as
your
name
is
called
line
up
in
front
of
the
microphone
at
the
front
of
the
chamber
for
members
of
the
public
who
attend
by
teleconference.
The
meeting
technician
will
connect
those
persons
who
desire
to
speak
to
the
commission,
so
they
may
be
heard
generally.
B
Each
speaker
will
be
given
up
to
two
minutes
for
public
testimony
and
speakers
using
a
translator
will
have
up
to
four
minutes
at
the
discretion
of
the
chair.
The
time
allowed
to
each
speaker
may
be
changed
depending
on
the
number
of
items
on
the
agenda
number
of
speakers
and
other
factors.
Speakers
using
a
translator
will
have
double
the
time
allotted
after
the
public.
Testimony
the
applicant
and
or
Pelon
may
make
closing
remarks
drop
to
an
additional
five
minutes.
B
Planning
Commissioners
may
ask
questions
of
the
speakers
and
responds
to
commissioner
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
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.
B
The
planning
commission's
actions
on
pre-zonings
are
excuse
me
on
rezonings
pre-zonings,
General
plan
amendments
and
code.
Amendments
is
only
advisory
to
the
city
council.
The
city
council
will
hold
public
hearings
on
these
items.
Section
20.120.400
of
the
municipal
code
provides
procedures
for
legal
protests
at
the
city.
Council
on
rezonings
and
pre-zonings,
the
planning
commission's
action
on
conditional
use
permits
is
appealable
the
city
council,
in
accordance
with
Section
20.100.220,
the
municipal
code
agendas
and
all
staff
reports.
B
This
meeting
may
be
accessed
at
the
commission's
website
so
before
we
begin,
I
want
to
remind
Planning
Commission
numbers
and
members
of
the
public
to
follow
our
code
of
conduct
meetings.
This
includes
commenting
on
the
specific
agenda
item
only
and
addressing
the
full
body.
Public
speakers
will
not
engage
in
a
conversation
with
the
Commissioners
or
staff.
All
members
of
the
Planning
Commission
staff
and
the
public
are
expected
to
refrain
from
abusive
language,
repeated
failure
to
comply
with
the
code
of
conduct
which
will
disturb,
disrupt
or
impede
the
orderly
conduct
of
this
meeting.
B
B
This
is
where
we
can
take
public
comment
on
non-agendized
items
and,
let's
see
so,
for
members
of
the
public
who
attend
in
person,
please
file
a
speaker's
card
and
give
it
to
the
technician
for
members
of
the
public
who
joined
by
teleconference.
Please
use
the
raise
hand
feature
in
Zoom
or
press
star
9
on
your
phone
to
raise
a
hand
to
speak
each
member
of
the
public
May
address
the
commission
for
up
to
two
minutes.
B
The
commission
cannot
take
any
formal
action
without
the
item
being
properly
noticed
and
placed
on
an
agenda
in
response
to
the
public
comment.
The
Planning
Commission
is
limited
to
the
following
options:
responding
to
statements
made
or
questions
posed
by
members
of
the
public
or
directing
staff
to
report
back
on
the
matter
at
a
subsequent
meeting
or
directing
staff
to
place
the
item
on
a
future
agenda.
B
No
okay,
we
do
not
so
we'll
move
on
to
the
consent
calendar,
so
there
will
be
no
separate
discussion
of
individual
consent.
Calendar
items
as
they're
considered
to
be
routine,
will
be
adopted
by
one
motion.
However,
if
a
member
of
the
commission
requests
debate
a
separate,
Vote
or
recusal
on
a
particular
item,
that
item
may
be
removed
from
the
consent
count
or
by
the
chair
and
considered
separately.
B
The
public
May
comment
on
the
entire
consent
calendar
and
any
items
removed
from
the
consent
calendar
by
the
chair
staff
will
provide
an
update
on
the
consent
calendar.
If
you
wish
to
speak
on
one
of
these
items
individually,
please
come
to
the
podium
at
this
time
for
members
of
the
public
who
join
my
teleconference
and
wish
to
speak
on
one
of
these
items
individually.
B
Which
the
plan
development
Zoning
for
yeah
to
ins,
to
put
it
simply,
an
expansion
on
the
Bellarmine
campus
at
960
West
heading
street,
now
I
understand
that
commissioner
Rosario
has
a
conflict
of
interest
on
item
D.
So
we'll
pull
that
from
the
consent
calendar
to
vote
on
separately.
Does
anyone
want
to
pull
any
other
items?
B
B
B
F
F
So
I'm
not
sure
why
they're
asking
to
have
a
2
am
timeline
for
a
bar
at
the
top
of
the
building
next
to
a
hotel
resident
or
excuse
me
residences,
because
that's
within
65
feet
of
our
living
rooms,
bedrooms,
Living,
Spaces,
so
I'm
thinking
that
I'd
like
to
ask
you
consider
10
p.m
or
11
p.m,
not
2
A.M!
For
every
night.
F
Also,
what
are
the
noise
ordinances?
Has
there
been
acoustic
studies
done
on
this,
for
example,
including
the
neighborhood
buildings?
It's
going
to
reverberate,
I
can
hear
bars
two
blocks
down
because
they
are
clearly
violating
noise
ordinances.
I
mean
literally
11
pm
I
have
to
turn
my
TV
up
to
hear
it
and
I'm
on
the
upper
floors,
and
this
bar
now
is
going
to
be
directly
if
you
will
across
from
us
at
a
very
high
level,
and
also
for
that.
F
Regarding
that
what
about
light
pollution
and
noise
pollution
for
the
bars
since
they're
going
to
be
again
65
feet
across
from
a
residence?
That's
all
glass,
so
I'd
like
you
to
consider
that
I
think
2
A.M
is
a
little
outrageous,
most
bars
right
now
in
San,
Jose,
close
at
10
or
11
pm
and
I
wish.
This
one
would
as
well.
Thank
you.
B
B
G
H
B
E
B
D
B
B
Fair
enough
thanks,
John
yeah,
so
let's
go
ahead
and
consider
item
D.
First
now,
Aaron
I
believe
the
way
we
would
do
this
is.
If
there's
no
discussion,
commissioner
Rosario
doesn't
have
to
leave
the
room.
He
just
has
to
not
vote.
Would
you
say
that's
that's
correct,
I
believe
there
are
two
Commissioners.
Oh.
B
B
D
D
L
Yes,
there
is
I'll,
do
a
brief
presentation
and
then
address
the
member
of
the
Public's
questions
good
evening.
Commissioners
Cameron,
G
planning
project
manager
with
the
planning
division
of
pbce
item
4B,
consists
of
a
conditional
use
permit
to
allow
late
night
use
from
11
A.M
to
2
A.M
for
a
drinking
establishment
occupying
two
existing
commercial
tenant
spaces
at
177
and
189
West
Santa,
Clara,
Street,
The
Establishment
would
operate
as
a
restaurant
during
the
day
until
10
pm,
at
which
point
it
would
operate
as
a
drinking
establishment
for
patrons
over
the
age
of
21..
L
The
site
is
located
in
downtown,
surrounded
by
an
eight-story
mixed-use
residential
building
to
the
north
single
story.
Retail
and
restaurant
uses
to
the
South
across
West
Santa,
Clara
Street,
a
three-story
mixed-use
residential
building
to
the
East
and
a
13-story
mixed-use
office,
building
to
the
west
across
North
Almaden
Avenue.
The
project
is
consistent
with
the
site's
General
plan.
Land
use
as
nation
of
downtown
as
it
would
provide
a
new
commercial
use,
generate
City
revenue
and
jobs
and
improve
customer
convenience
due
to
the
site's
proximity
to
other
businesses.
L
L
The
project
was
reviewed
for
consistency
with
two
city
council
policies,
Council
policy,
6-23
for
the
evaluation
of
nightclubs
and
bars,
and
Council
policy
6-27
for
the
evaluation
of
24-hour
uses
the
product.
The
project
is
consistent
with
both
city
council
policies,
as
it
does
not
include
any
outdoor
or
entertainment
uses
that
would
adversely
affect
the
surrounding
uses.
The
police
department
is
neutral
to
the
drinking
establishment
operating
past
midnight,
as
the
project
only
includes
interior
tenant
improvements
for
the
indoor
operation
of
the
drinking
establishment.
L
It
is
categorically
exempt,
pursuant
to
sequence,
section
15301a
for
existing
facilities,
staff,
followed
Council
policy,
6-30
for
public
Outreach
and
then
to
address
the
member
of
the
Public's
questions.
So
the
as
I
previously
mentioned
the
DC
downtown
primary
commercial
zoning
District
does
not
have
any
performance
standards
for
noise
requirements.
L
B
M
M
We
were
pretty
reptile
operators,
I
did
notice.
The
gentleman
I
thought
I
heard
him
say
that
we
were
within
60
feet
of
the
axis.
I
think
you
might
have
the
wrong
location,
because
we're
definitely
not
within
six
I
mean.
Maybe
I
heard
him
wrong,
but
I
thought
he
might
have
maybe
mixed
this
up,
because
he
I
thought
he
said
60
feet
within
the
access
building,
which
I
don't
think,
that's
possible.
M
B
I
B
J
B
A
A
A
B
B
N
Thank
you,
chair.
First
of
all,
I'd
like
to
thank
the
member
of
the
community
came
in.
Thank
you.
We
always
appreciate
you
coming
in
so
I
have
a
question
for
staff,
and
that
is
his
concern.
I
think
is
not
only
with
this
project
but
existing
projects
that
may
not
be
following
the
requirements
so
they're
conditional
use
permit
what
would
be
his
who
on
the
city
staff.
Could
he
talk
to
to
investigate
that
that
concern.
N
H
B
E
Clarification
because
I
feel,
like
I,
heard
two
different
things:
I,
don't
live
downtown
I'm
from
Berryessa,
so
I
Heard,
the
the
person,
the
first
person
that
spoke
said:
11
p.m
or
10
p.m.
Was
the
hours
in
of
the
businesses
in
the
surrounding
area
and
I
heard
the
applicant
say
the
other
businesses
in
the
direct
area
are
2,
am
I.
Just
would
like
clarification.
E
If
staff
could
comment-
and
let
me
just
add
one
more
thing,
so
you
can
do
both
I
also
read
that
this
area,
although
the
police
had
no
specific
issue,
this
was
a
20
higher
than
the
standard
for
call
outs
or
activity
and
I
I
just
want
to
make
sure
I
understood
that
that
was
true
because
it
sounded
like
everybody
thought
there
was
not
an
issue
with
police
activity
in
this
area.
So
if
you
could
clarify
those
two
things
for
me,
Steph.
L
Yeah,
so
staff
can
do
some
research
into
looking
at
the
hours
of
operations
that
were
approved
with
conditionally
use
permits
for
adjacent
businesses.
I
don't
have
that
information
offhand
right
now,
but
we
can
certainly
look
into
whether
or
not
those
adjacent
businesses
are
operating.
You
know,
in
accordance
with
their
approved
permits,
with
regards
to
the
the
police
department,
a
memorandum
you
are
correct
in
that
they
are
neutral
to
the
to
the
24-hour
uses
being
proposed.
B
I
B
M
It's
below
the
old
Irish
Innovation
Center
and
you
remember
the
stairs
that
took
you
up
to
those
Innovation
Center.
Well,
they
built
an
extension
onto
that
building.
So
we're
going
to
occupy
that
extension,
which
is
about
3,
500
square
feet
and
2500
square
feet,
is
the
unit
beside
it
and
it's
going
to
be
one
unit
and
we're
going
to
have
a
open
Kitchen
in
there
and
a
bar.
And
so
that's
that's
the
plan.
Great.
I
M
M
B
J
C
I'd
like
to
restate
with
with
commissioner
young
said
here:
we
welcome
public
response
and
opinion.
I
do
appreciate
and
respect
that
you
came
to
talk
about
this
issue.
As
a
matter
of
fact,
this
is
an
issue
that
I
lived
before
in
downtown
St
Louis
in
a
high-rise
and
there's
a
bar,
and
that
noise
does
wash
right
up
the
side
of
the
building.
C
It
does
have
an
impact
for
sure,
but
I'm
I'm
certain
there's
a
Code
Enforcement
process
here
that
if
it
does
become
a
problem
and
that's
not
to
say
it
will
if
it
does
become
a
problem,
there's
a
process
and
I
think
that
process
will
I
I
would
hope,
will
remedy
the
situation
if
it
becomes
a
problem,
but
I
do
respect
where
you're
coming
from
believe
me.
I
know
it
personally
and
I
had
to
use
that
process
previously
myself,
so
I
just
wanted
to.
C
B
I
see
no
other
requests
from
Commissioners
to
speak
and
we
do
have
a
motion
on
the
table
from
commissioner
oliveirio
with
a
second
by
commissioner
tordios
to
approve
the
staff
recommendation
for
item
4D.
So
if
there's
no
further
discussion,
we'll
move
on
to
a
roll
call
vote,
commissioner,
or
vice
chair
on
us
wise.
E
B
B
O
J
J
O
O
O
O
The
site
is
surrounded
by
residential
use
to
the
north
and
Commercial
uses
to
the
west,
south
and
east
across
all
these
three
streets,
the
condition
they
use.
Permian
alternative
map
was
submitted
in
2020
with
the
annexation
and
pre-zoning
applications,
because
the
project,
because
the
area
in
blue
lines
was
with
outside
of
the
city
limits
at
that
time,
excuse.
B
O
Problem:
okay,
the
project
eir
annexation
and
pre-zoning
went
to
the
Planning
Commission
hearing
on
December
14
last
year,
Planning
Commission,
recommended
city
council
to
certify
the
eir
and
approve
the
annexation
and
pre-zoning,
and
the
city
council.
Certified
eir,
approved
the
pre-zoning
and
approved
initiating
the
annexation
on
February
2028
this
year
and
the
ordering
annexation
was
later
approved
by
City
Council
on
March
28th,
a
love
code
that
certified
the
annexation
on
June
20th
this
year
and
the
area
I
mean
in
the
blue
blue
lines
officially
became
part
of
the
city.
O
O
So
the
conditional
use
permit
is
to
allow
the
demolition
of
all
existing
structures
on
site
for
the
construction
of
a
mixed-use
development.
Two
of
the
existing
buildings
are
eligible
for
listing
in
the
San
Jose
history.
Resources
inventory
as
candidate
City
Landmark.
The
demolition
of
those
two
buildings
would
result
in
a
significant
and
avoidable
impact
to
Historic
resources.
O
This
The
Ear
The,
the
ER,
was
I,
mean
I
I,
believe
it
was
discussed
in
the
December
14
Planning
Commission
here
in
last
year.
The
mixed
use
development
will
consists
of
61
multi-family
residential
units
and
246
bed,
Senior
Living
Senior
Care
Facility
a
six
thousand
square
feet
of
ground
floor
retail
space.
O
So
the
producer
is
within
the
West
San
Carlos
Urban
Village
plant
area
and
is
designating
mixed-use
muc
mixed-use
commercial,
which
supports
high
density
mixed-use
developments.
The
zoning
industry
is
also
a
muc,
a
mixed-use
commercial,
so
to
be
consistent
with
the
Urban
Design
policies
and
guidelines
in
the
adopted
Urban
Village
plan.
The
project
promote
pedestrian
activities
by
widening
sidewalks,
incorporating
a
2000
square
foot,
corner
Plaza
and
directing
vehicular
access
to
the
side
streets
and
the
rear
of
the
property
is
Active.
O
Space
are
placed
along
the
the
plaza
and
the
western
coast
street
with
consistent
storefront
design.
The
proposed
building
respects
the
residual
use
to
the
north.
The
proposed
building
has
a
substantial
setback
and
step
Backs
from
the
northern
property
line,
and
there
is
an
eight
foot
high
masonry
wall
along
the
property
line
and
the
five
foot
wide
landscape
buffer
with
screening
trees.
O
The
project
is
consistent
with
the
2040
General
plan
and
the
West
San
Carlos
Urban
Village
plan,
the
mixed-use
commercial
land
use
designation,
allows
up
to
50
units
per
acre
and
up
to
four
far
so
with
61
units
only
1.23
acre
side.
The
project
will
result
in
a
density
of
50
units
per
acre
and
the
entire
building
has
far
of
approximately
3.89
the
West
San
Carlos
Urban
Village.
Plainly
use
policy
requires
a
minimum
commercial,
far
of
0.5
or
at
least
the
same
square
footage
of
the
existing
commercial
area.
O
The
eir
was
certified
by
the
city
council
on
February
28th
this
year
and
because
the
conditional
use
Permian
alternative
map
is
within
the
scope
of
the
project,
analyzed
in
the
eir,
a
determination
of
consistency
with
the
FBI
was
prepared
for
the
Planning
Commission
action
for
the
project,
based
on
the
analysis
in
the
staff
report,
staff
recommend
Planning
Commission
to
approve
these
conditional
use
permit
intently
map.
This
concludes
the
staff's
presentation.
P
Sal
Caruso
I'm,
the
Project
Director.
Thank
you,
honorable,
chair
and
Council
and
Commissioners
I
promoted.
You
sorry
I
just
want
to
say
we
100
consistent
with
the
staff
recommendation.
This
is
much
needed:
housing
and
retail
space
and
commercial
space
for
senior
care,
which
is
part
of
the
project,
including
the
61
residential
units,
which
are
desperately
needed
in
our
city.
P
In
addition
to
that
staff
had
pointed
out,
the
eir
was
certified
by
the
city
council.
All
the
matters
of
the
existing
buildings
to
be
demolished
were
addressed
significantly
and
all
that
has
been
handled
already.
So
what
is
before
you
is
the
architectural
project
which
is
100
consistent
with
the
West
San
Carlos
specific
plan,
neighborhood
plan,
so
we're
very
honored
to
be
a
part
of
it
and
hope
for
your
approval
and
look
forward
to
any
questions
you
might
have.
Thank.
B
B
C
D
P
B
O
G
O
G
Yeah,
okay,
I
I
just
want
to
say
that
as
a
former
planning
planner
for
Santa
Clara
County,
the
Burbank
area
had
so
much
potential
and
we
really
wanted
to
see
it
some
of
this
Annex
to
the
city
so
that
we
could
see
great
projects
like
this
come
in
and
really
Revitalize
this
area
so
I
think.
Obviously
the
housing
need
for
seniors,
as
mentioned
previously,
is
a
great
and
I
know
that
there
was
some
historical
structures
that
will
be
demoed
but
I.
Think
in
in
this
particular
case.
E
P
Here
there,
okay,
thank
you,
so
the
various
uses
in
the
project,
for
example,
there's
one
commercial
condominium,
that
is
the
underground
parking
area.
There's
a
few
commercial
condominiums
on
the
ground
floor
so
that,
for
example,
an
individual
business
owner
can
buy
a
retail
condominium
on
the
ground
floor
and
own
their
own
business
space
rather
than
just
rent.
So
it
provides
the
opportunity
of
ownership.
If
there
are
those
interested
in
that
you're.
Very
welcome.
B
B
G
B
D
B
B
Q
B
Q
Q
Q
Q
Yeah
12
Town,
Homes,
three-story
buildings,
okay,
that
was
approved,
I,
don't
have
the
vote,
but
I
just
has
approved,
and
that
was
that
that's
it
for
the
29th
and
then
on
September
12th.
Yesterday
there
was
a
conforming
rezoning
and
site
development
development
permit
for
properties
in
the
500
block
of
North
5th
Street,
and
that
was
approved.
Q
B
B
H
B
C
B
A
B
Okay,
so
just
to
restate
the
motion:
it's
two
agenda's
at
the
September
27th
2023
meeting,
an
update
on
hdd's
review
of
the
housing
element,
second
draft.
What
staff
is
doing
to
address
feedback
from
htd
and
the
timeline
to
approval,
and
that
was
a
motion
for
myself.
A
second
for
commissioner
tordios
any
further
discussion
before
we
go
to
a
roll
call
vote.
One.
H
D
Q
K
B
K
B
B
H
D
Sorry,
yeah
I
was
just
going
to
speak
in
favor
of
trying
to
keep
the
27th
if
possible,
I
think
looking
at
the
calendar,
you
know,
hcd
has
a
60-day
review
timeline.
So
if
we're
trying
to
get
a
housing
element
approved
by
the
end
of
the
year,
that
would
mean
submission
by
the
end
of
October
and
if
we're
not
even
hearing
from
planning
staff
until
our
October
session,
that
just
leaves
kind
of
limited
time
for
our
feedback
to
actually
be
taken
into
account,
which
is
I.
Think
what
the
chair
was
trying
to
get
at.
B
H
We're
just
talking
about
it
right,
I
mean
I,
think
you
know,
San
Jose
is
Again
by
not
talking
about
it.
There's
something
out
there
that
every
city
is
having
a
struggle
with.
So
you
know
it
is
what
it
is.
I
don't
want
to
put
staff
in
a
position
that
makes
what
they're
doing
more
painful,
but
staff
will
have
to
decide
what
that
discussion
pertains
to
I
mean
I,
know
the
city
attorney's
here.
So
you
know
that's
why
this
was
my
question.
You
know
we
took
action.
H
The
council
took
action
from
what
I
understood,
there's
an
administrative
function
now
between
hcd
and
professional
planning
staff,
I'm,
not
clear
if
it's
what
what
the
status
is
with
with
Michael's
response.
So
you
know,
but
if
we
you
know
we,
we
can
certainly
agendize
things
and
discuss
it.
So,
whatever
it's
the
will
of
the
commission
sure.
B
G
N
You
chair,
I
I,
just
want
to
weigh
in
and
number
one
I
think
it's
really
important
issue
for
us
to
get
information
on,
and
you
know
with
respect
commissioner
Cantrell
somebody's
going
to
probably
have
a
problem
with
the
October
11th
meeting
me
possibly
so
it's
it's
kind
of
one
of
those
things
where
I
hate
to
set
a
precedent
where
we
keep
moving
things
for
one
commissioner,
because
it
inevitably,
you
know,
there's
11
of
us.
Unfortunately,
so
you
know
I'd
be
in
favor
of
keeping
it
on
the
original
date.
C
I'll
just
question
control,
I'll
just
say:
I
I
completely
agree.
My
mom
wouldn't
like
me,
being
a
roadblock
to
progress.
So
I
understand
that
we
need
to
move
forward
and
this
is
timely
and
we
we
need
to
hear,
what's
happening
and
respond
to
it
as
quickly
as
possible
to
give
the
city
time
to
respond
to
that
and
I
think
that's
fair,
so
I
will
enjoy
the
beaches
of
Barcelona.
Oh.