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From YouTube: JUL 28, 2021 | Planning Commission
Description
City of San José, California
Planning Commission meeting of July 28, 2021.
This public meeting will be conducted 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=883640&GUID=620FFB2B-92E4-4948-A4A6-0BA717A207F0
A
B
Right
well,
we
are
ready
to
begin
good
evening.
My
name
is
rolando
bonilla.
I
am
the
chair
of
the
planning
commission.
Welcome
to
the
planning
commission
meeting.
This
meeting
is
being
held
via
zoom
conference
call
due
to
the
covet
19
crisis.
Members
of
the
public
may
participate
by
following
the
instructions
listed
on
the
agenda.
B
D
C
B
Okay,
so
with
that,
let
the
record
reflect
that
commissioners
oliverio,
young
and
torrents
were
not
present
during
a
roll
call.
We
will
now
move
to
the
summary
of
hearing
procedures.
C
Michael
is
on
the
zoom
he
just
I
don't
know.
If
he's
having
issues.
B
Or
what
all
right?
So
let
the
record
reflect
that
commissioner
torrance
in
olivario
were
not
present
for
roll
call.
Thank
you
for
that.
Commissioner.
Summary
of
hearing
procedures.
The
procedure
for
the
hearing
is
as
follows.
After
the
staff
report,
applicants
and
appellants
may
make
a
five
minute
presentation.
B
City
staff
will
call
out
names
of
the
public
who
identified
the
items
they
want
to
speak
on.
You
may
identify
yourself
by
the
raised
hand,
feature
on
zoom
click,
star
nine
on
your
phone
or
you
may
call
408,
408-535-3505
or
email
planning,
support
staff
at
san
jose
ca.gov
and
identify
your
name
phone
number
and
what
item
or
items
you
would
like
to
speak
on,
as
your
name
is
called
city
staff
will
unmute
you
to
speak
after
we
confirm
your
audio
is
working.
Your
allotted
time
will
begin.
B
Each
speaker
will
have
two
minutes.
Speakers
using
a
translator
will
have
four
minutes
after
the
public
testimony
the
applicant
and
appellate
may
make
closing
remarks
for
an
additional
five
minutes.
Planning.
Commissioners
may
ask
questions
of
the
speakers
response
to
commissioner
questions
will
not
reduce
the
speaker's
time
allowance
staff
will
unmute
the
speaker
to
respond
to
the
commissioner.
B
B
The
planning
commission's
action
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
the
procedures
for
the
legal
protest
to
the
city
council
on
rezonings
and
pre-zonings.
B
The
planning
commission's
actions
on
conditional
use
permits
is
appealable
to
the
city
council
in
accordance
with
section
20.100.220
of
the
municipal.
So
I
know
how
much
you
all
enjoyed
hearing
me
say
that
again,
but
we
can
now
move
on
to
item
one
call
to
order
and
orders
of
the
day
public
comment
staff.
Do
we
have
any
speakers
for
public
item
comment
on
items
not
on
tonight's
planning
commission
agenda.
B
F
Good
evening,
chair
and
members
of
the
planning
commission,
this
is
sylvia,
doe
planning,
division
manager
with
planning
building
and
code
enforcement.
As
stated
in
the
agenda,
we
are
recommending
that
this
item
3a
file,
numbers
sp,
20-005
and
t21-015-
be
deferred
to
the
august
11th
planning,
commission
per
applicant's
request,
and
actually
there
has
been
an
updated
since
this
agenda
was
posted
that
will
reflect
in
the
following
planning
commission
agenda.
F
B
Thank
you
any
questions
from
commissioners
on
this
item.
Can
we
move
for
the
25th.
G
B
All
right,
so
I
was
going
to
say,
commissioner,
with
the
motion
to
defer
for
the
25th
that
the
record
reflect
that
commissioner
olivario
is
in
attendance,
as
is
recorded
in
his
second.
So
with
that
I'll
take
a
roll
call
vote
bonilla.
I
casey
all
all
right.
C
C
B
C
H
B
C
G
B
A
B
B
B
All
right,
the
motion
passes
with
10
in
favor
and
commissioner
torrance
being
absent.
B
A
Thank
you
good
evening,
mr
chair
and
commissioners.
This
is
sanheeta
ghoshal
project
manager
for
the
planning
building
and
code
enforcement
department.
A
A
A
The
zoning
ordinance
allows
the
planning
director
to
approve
an
exception
from
the
maximum
front
setback
under
certain
circumstances,
when
certain
criteria
are
met
based
on
the
setbacks
of
the
surrounding
buildings
and
the
con
and
considering
the
improved
site
circulation
due
to
the
new
orientation
of
the
gas
station,
canopy
and
pumps
staff
recommends
that
this
exception
be
granted
an
initial
study
and
mitigated
negative
declaration
was
prepared
for
the
project.
The
project
is
not
adjacent
to
any
sensitive
habitat.
The
primary
environmental
issue
is
related
to
hazardous
materials
due
to
residual
soil.
A
Contamination
from
previous
uses
mitigation
measure
to
be
implemented
by
the
project
applicant
is
requires
them
to
work
with
the
county
of
santa
clara
to
address
any
residual
contamination
of
soil
and
groundwater.
The
mitigation
measure
has
been
included
in
the
mitigation
monitoring
and
reporting
program
and
in
the
mmd
resolution
and
has
been
made
a
part
of
this
project.
A
The
primary
source
of
noise
from
the
project
operation
is
associated
with
the
movement
of
vehicles
on
the
site.
Noise.
Exposure
from
these
activities
at
the
nearest
residence,
which
is
located
across
from
cartner
avenue
from
the
proposed
project
site,
is
well
under
cities
threshold
and
the
project
would
be
required
to
adhere
to
zoning
ordinance
requirements
during
construction
period
and
therefore
is
not
expected
to
have
any
significant
impact
related
to
construction,
noise
or
operational
noise
on
nearby
residences.
A
No
traffic
impact
has
been
identified
in
the
environmental
analysis.
The
project
scope
originally
included
a
24-hour
use
and
off
sale
of
alcohol.
A
community
meeting
was
was
held
in
september
of
2020
to
gather
input
from
the
community.
The
major
concerns
from
the
community
were
with
regards
to
safety,
noise,
litter
and
nuisance.
A
Concerns
were
also
raised
due
to
the
location
of
our
cell
alcohol
establishment
in
the
area
and
proximity
of
this
project
to
a
nursery
school
and
a
public
park.
The
applicant
withdrew
these
two
aspects
of
the
project
since
then,
so
no
offsell
of
alcohol
is
proposed
and
the
hours
of
operation
are
limited
to
6
am
to
12
midnight
only.
A
In
summary,
this
gas
station
and
the
convenience
store
project
would
revitalize
in
1960's
era
service
station
with
an
aesthetically,
pleasing
and
active
use.
It
will
bring
new
services
to
the
neighborhood
and
has
been
found
to
be,
in
conformance
with
the
general
plan,
zoning
and
other
city
policies.
A
B
I
Yep
good
evening,
sean
anderson
here
with
barghouse
and
consulting
engineers
and
we'll
keep
our
presentation
fairly
brief
here
instead
allow
the
commission
to
ask
any
questions
of
us
from
the
project,
but
my
name
is
sean
anderson.
I'm
the
senior
planner
who's
been
assisting
our
client
with
this
project
and
would
like
to
just
confirm
that
we
have
reviewed
the
staff
report,
the
initial
study
and
concur
the
findings,
the
mitigations
and
the
conditions
I'd
like
to
thank
staff
for
their
help
through
the
process
of
reviewing
this
project.
I
As
we
know,
it's
been
a
project
in
process
for
a
number
of
years
now,
partially
due
to
changing
hands
of
ownership
and,
as
a
result
of
the
corner,
has
remained
unused
for
some
time
so,
where
klein
is
really
excited
to
see
this
finally
move
forward
for
this
corner
to
become
revitalized
and
become
a
functioning
service
for
the
community
with
me
tonight
are
the
property
owner,
rosh
salki
and
our
architecture
director
dan
goldwyn,
who
are
available
to
answer
any
questions
that
you
might
have
of
the
project.
I
And
that
concludes
our
brief
presentation.
But
if
you'd
like,
is
it
set
to
answer
or
ask
any
questions
we're
here
to
answer
those.
B
A
J
Good
evening
my
name
is
paul
soto,
I'm
a
lifelong
resident
of
san
jose
raised
in
a
horseshoe.
My
my
question.
My
comments
are
centered
around
a
process.
J
J
Nobody
knows
that
these
groups
are
sanctioned
in
order
to
inform
the
planning
director
chris
burton
okay.
So
I
don't
need
somebody
to
tell
me
what
I'm
looking
at,
because
I
know
a
con
game.
When
I
see
one
you
know
that
that
list
right
there
that
they
put
in
a
spotlight
magazine,
I
mean
the
spotlight
newspaper
that
it
looks
like
a
crime
report.
J
J
These
aren't
opinions.
These
are
facts.
The
process
by
which
this
commission
here
is
working
with
other
entities,
especially
one
that
is
that
that
has
that
kind
of
clout
and
money
gary
gillable
this
this
man
spent
300
million
dollars
downtown
in
a
90-day
period.
That
is
unprecedented.
C
C
D
C
C
C
B
Okay
and
what
I
will
do
now
is,
then
I
will
go
back
to
the
applicant
to
respond
to
public
comment.
Well,
the
floor
is
now
yours
to
respond
to
public
comment
or
add
anything
else.
You'd
like
to
add
for
the
record.
I
Okay,
I'll
respond
to
the
second
of
the
two
comments,
because
I'm
not
sure
that
the
first
one
was
regarding
this
project,
but
regarding
the
hours
of
operation,
it's
our
client's
intent
to
to
keep
the
facility
open
within
those
legal
hours
of
operation.
I
Again,
it's
a
neighborhood
service
use
and
it's
in
their
experience
that
by
utilizing
those
legal
hours
of
operation
that
they're
able
to
provide
that
service
to
members
of
the
community,
who
may
need
it
at
odd
hours,
service
workers
that
might
be
getting
off
late
or
otherwise.
So
it's
their
intent
to
to
operate
to
the
maximum
of
their
ability.
B
Obligation
all
right
from
there
we
will
move
on
to
commissioner
questions.
I
see
that
I'm
sorry
arash
salkha.
He
is
that
part
of
your
team.
I
Barrage
sake
is
the
owner
of
the
property
got.
K
Well,
thank
you
very
much
and
first
of
all,
I
want
to
say
thank
you
to
everyone
for
making
this
time
available
and
the
hard
work
that
the
team
has
put
together
to
make
this
meeting
possible
just
to
respond
to
the
24
hour.
Just
the
station
across
the
street,
which
is
the
chevron
corporate
store,
is
also
open
until
midnight.
So
I
just
wanna
just
throw
that
out
there,
and
you
know
we
have
reduced
our
average
from
24
hour
use
to
midnight.
It's
just
same
as
the
station
across
that's
all.
B
A
G
Thank
you
chair,
I'm
reporting
from
the
abandoned
gas
station
since
2006
and
I
think
in
any
neighborhood
or
any
community,
you
can
see
that
an
abandoned
building
like
this
is
not
good
for
the
neighborhood.
It's
had
three
property
owners
over
the
years
and
glad
to
see.
Finally,
someone
buy
it
who's
in
the
gas
station
business.
I
certainly
support
staff's
recommendation.
G
This
planning
commission
actually
approved
the
hours
across
the
street
of
the
chevron
station
till
midnight,
and
we've
done
this
in
various
other
council
districts
across
the
city.
So
I'd
simply
like
to
make
a
motion
to
approve,
and
hopefully
the
applicant
may
hopefully
be
open
by
end
of
the
year.
Second,.
B
Great
all
right,
so
we've
got
a
motion
in
the
second,
but
I
do
want
to
make
sure
we
speak.
I
know
we
get
into
this
habit
of
kind
of
rapid
motion
rapid
second,
but
I'm
going
to
still
make
sure
everyone
speaks.
So
commissioner
cantrell
and
then
commissioner
ornelas
wise.
The
floor
is
yours,
commissioner:
cantrell.
A
A
Application
was
updated
in
september
of
2019
with
ownership
documents
by.
D
A
A
So
the
trees
are
removing
2020
january
of
2020.
I
think
that
is
when
this
current
owner
was
the
owner
of
the
property,
but
the
garage
comes.
D
A
K
Okay,
there,
the
tree
was
a
completely
misunderstanding.
I
took
over
the
property
and
I
believe
I
got
letters
from,
and
I
got
to
recall
that
I
can't
recall
the
person's
name.
The
council
of
that
area,
asking
me
to
cut
down
the
weeds,
get
rid
of
the
graffiti
and
clean
up
the
property,
and
I
first
to
be
very
frank,
was
not
very.
K
I
didn't
really
want
to
move
forward
because
I
want.
I
really
wanted
to
make
sure
that
this
project
was
going
to
move
forward,
but
they
asked
me
araj,
please
we
got
to
get
this
property
cleaned
up.
I
send
a
landscape
around
there
to
go
clean
the
the
lot
and
there
was
a
completely
misunderstanding
of
what
what
definition
of
cleaning
the
lot
and
cutting
down
trees.
So
I
own
it-
I
accept
it.
This
is
a
property
that
has
been
you
know
it's
been
fenced.
K
I
bought
this
property
a
little
over
two
a
little
over
two
and
a
half
years
ago.
I
maybe
go,
go
down
there,
maybe
once
every
six
months
now
because
of
the
current
condition,
but
regarding
the
trees
I
own
it,
I
do
take
full
responsibility.
K
That
was
not
the
intent.
The
intent
was
to
take
down
all
the
weeds
and
keep
it
to
keep
a
lot
clean
and
to
satisfy
you
know
being
a
you
know:
good
neighbor.
D
Okay,
one
one
question
for
staff:
the
the
buildings
that
were
changed
in
use
and
the
development
work
was
done
on
does
that
work
meet
all
the
city
requirements,
including
ada
requirements,
fire
and
safety.
A
So
after
this,
this
is
sending
the
commercial
planning
project
manager
after
the
planning,
the
planning
permit
is
approved.
The
applicant
will
have
to
obtain
building
permit
to
legalize
all
of
that
work,
and
at
that
time
they
would
have
to
provide
all
the
documentation.
H
Okay,
so
I
I
looked
at
the
plans
and
one
of
the
questions
that
I
had
maybe
for
staff
was
the
rear
setback
of
the
existing
building.
Maybe
the
side
setback
the
rear
of
the
building.
It
seemed
kind
of
a
really
small
setback
and
I
wanted
to
know
what
was
on
the
other
side
of
that
building,
since
it's
such
close.
A
Proximity
sure,
on
the
on
one,
so
first
of
all,
this
building
is
an
existing
building
and
no
change
is
being
made
as
part
of
this
approval
on
one
side
of
the
property
is
a
public
park
and
on
the
other
side
of
the
property
is
another
commercial
building.
H
See
that
you
know
my
only
concern
with
that
small
setback
there
is
just
I
don't
want,
obviously
to
have
an
invitation
for
crime
in
such
a
small
like
area
behind
the
building.
I
know
it's
existing,
so
they're
not
going
to
be
encroaching
anymore
into
the
setback,
but
I
just
I
I'd
almost
encourage
you
know
either
some
fencing
there
or
some
additional
lighting
there
just
to
prevent
someone
from
going
in
the
back
and
creating
some
sort
of
crime
or
doing
drugs
or
anything
like
that.
So
that's
that's
just
what
I'd
encourage.
H
I
don't
know
if
you
know
you
know.
I
think
that
it
would
be
wise
for
the
owners
to
do
something
like
that.
Just
another
comment:
I'm
really
impressed
with
the
landscaping.
I
just
wanted
to
know
sanjita
if
there
was
any
post-approval
monitoring
for
any
of
the
landscaping.
I've
seen
a
lot
of
other
gas
stations
that
maybe
at
one
time
had
really
nice
landscaping
and
then,
like
I,
don't
know
10
15
years
later,
that
landscaping
is
deteriorating
or
it's
not
cared
for
at
all.
H
So
I
just
I,
I
see
that
he
has
a
really
aggressive
land
and
beautiful
landscaping,
both
on
and
on
the
street
there,
which
will
beautify
the
neighborhood,
which
is
great,
but
I
just
want
to
make
sure
that
it
stays
intact,
and
I
know
that
there's
probably
some
irrigation
plan,
but
I'm
just
thinking
I
I
don't
know
you
know
if
you
have
any
post-approval.
You
know
way
to
monitor
that
that
you
know
that
that
that
stays
intact.
Can
you
respond
to
that?
A
You
sylvia
this
is,
there
is
a
condition
in
the
permit
that
requires
the
applicant
to
ensure
that
the
landscaping
is
maintained.
We
there
is.
We
do
not
monitor
this
condition
per
se,
but
they
are.
They
are
legally
bound
to
be
meeting
all
the
conditions
of
the
comment,
and
this
is
one
of
them.
H
Okay,
okay,
perfect-
and
this.
L
Is
my
if
I
could
just
go
ahead
michael?
I
was
just
gonna
add
to
that
yeah.
So
so,
if,
if
let's
say
that,
I'm
not
saying
that
the
owner
on
this
call
would
do
this,
but
let's
just
say
down
the
road
for
whatever
reason:
change
ownership,
whatever
the
landscaping
is
not
maintained
the
vehicle
for
bringing
the
landscaping
back
into
maintenance
consistent
with
the
cup.
That's-
and
he
is
talking
about-
would
be
through
code
enforcement.
L
So
it
would
be
a
case
of
someone
from
the
public
contacting
code
enforcement
and
saying
hey.
The
landscaping
is
really
shabby
and
then
it
would
be
through
a
code,
compliance
effort
that
that
landscaping
would
be
brought
up
to
the
conditional
use
permit
requirements.
You're
considering
this
evening.
B
Perfect,
thank
you,
michael
commissioner.
Let's
ask
you
more
questions
or.
H
I
have
one
more
thing
I
I
I
did
see
that
the
you
know
you
know
this
place
has
been
closed
for
quite
so
many
years,
and
it
looks
like
that.
The
applicant,
in
many
cases,
has
got
stuck
in
the
planning
process
in
the
planning,
approval
process
or
permitting
process.
So
I'd
really
encourage
staff
to
do
some
hand-holding
and
to
to
ensure
that
this
project
is
complete
to
ensure
that
it's
successfully
open.
H
So
just
to
know
you
know,
because
obviously
I
did
look
at
some
of
the
letters
that
some
of
the
applicants
some
of
the
neighbors
had
submitted,
including
some
photos
that
showed
the
the
graffiti
there.
And
so
that's
that's
just
what
I'd
like
to
encourage
staff
to
do
a
little
bit
of
hand
holding
with
the
applicant
to
ensure
that
they
complete
the
project
successfully.
M
So
I
had
questions
and
I
was
writing
them
down,
but
I
came
up
with
my
own
answers
and
there's
really
nothing.
I
like
about
this
application.
You
know
the
the
previous
owner
and
the
current
owner
have
a
pattern
of
circumventing
the
the
process,
the
planning
department,
the
code
enforcement.
M
They
stop
the
inspection
process,
but
it
doesn't
look
like
they
stopped
to
the
construction
process,
so
they
basically
completed
the
store
without
getting
a
final
which
allowed
them
to
not
get
reassessed
for
a
higher
property
taxes
and
continued
about
their
business
until
they
set
it
down
right.
So
you
know
they
have
a
pattern
of
basically
getting
around
the
system
and
profiting
from
it.
M
I
don't
think
I
don't
think
the
the
current
owner
didn't
realize
he
needed
a
permit
to
knock
down
nine
trees.
M
I
don't
think
the
previous
owner
didn't
realize
that
stopping
the
inspection
process
was
only
beneficial
to
him
or
them,
and
I
just
I
don't
see
any
buildings
or
bland
use
in
the
envision
2040
plan
that
takes
a
half
acre
of
prime
real
estate
and
puts
gas
stations
on
it.
It's
we
have
to.
We
have
to
look
at
it
as
though
there's
nothing
there.
M
The
fact
that
if
the
previous
owner
was
operating
a
gas
station
and
was
circumventing
the
rules
with
the
you
know
in
many
ways
doesn't
mean
that
we
should
grandfather
it
in
and
dedicate
or
allow
a
half
a
half
an
acre
to
be
rebuilt
by
a
gas
station.
What
is
the
best
use
of
this
land
and
does
it
fit
the
envision
2040
plan?
I
I
don't
see
that
it
does
and-
and
I
don't
agree
with
this
at
all-
I
don't
like
it.
C
I
guess
the
responsible
last
comments.
I
don't
know
if
there's
really
anything,
I
don't
know
if
we
should
consider
that
the
previous
owner
of
the
property,
you
know,
broke
rules
because
that's
not
who's
doing
this
application.
I
guess
I'll
have
a
question
for
staff.
I
mean
what
is
typically
the
remediation
when
a
property
owner
does
something
like
remove
a
tree
without
approval.
A
Yes,
thank
you.
This
is
anita,
go
challenging
planning,
project
manager
they
are
and
the
the
applicant
is
required
to
replace
the
trees
according
to
the
tree
replacement
ratio,
standard
of
the
planning
department,
but
when
trees
are
removed
without
permits,
then
that
ratio
becomes
double
so
they
have
to
replace
the
double
the
number
of
trees
so
there.
If
the
staff
report
does
have
the
details
of
the
how
many
trees
they
declare
how
many
trees
they
need
to,
you
know
need
to
be
replaced.
A
They
cannot
accommodate
all
of
those
trees
on
their
site,
so
they
are
paying
fees
for
take
a
look
at
the
number
but
for
I
think,
19
trees
that
they
cannot
accommodate
on
their
site,
so
they're,
basically
replacing
at
a
double
ratio.
That
is
double
the
regular
replacement
issue.
G
Thank
you.
Yes,
I
agree
with
commissioner
noir
that
the
mistakes
or
infractions
or
sins
whatever
you
want
to
clarify,
classify
it
as
the
prior
property
owner
shouldn't
be
held
to
the
existing
property
owner
for
the
commissioner.
That
asks
the
question
about
the
fence:
there's
actually
a
wall
already
there,
and
so
that's
already
in
place.
So
thank
you.
G
Reporting
to
you
live
exactly
I
mean
it
just
shows.
It
just
shows
the
extreme
blight,
and,
commissioner,
you
know
from
different
parts
of
san
jose
are
stricken
with
terrible
blight
and
to
think
that
this
neighborhood
or
any
neighborhood
in
san
jose
should
suffer
from
an
empty
lot
for
14
to
15
years
is
just
ridiculous.
B
N
Yes,
thank
you.
I
appreciate
commissioner
olivario
being
on
site.
You
can
see
how
blighted
it
is.
This
piece
of
property
is
on
a
very
highly
visible
area,
kind
of
on
the
boundary
of
district,
nine
and
six
on
curtner
and
lincoln,
and
for
my
time
on
the
neighborhoods
commission,
I
can
tell
you
all
that
residents
have
been
up
in
arms
about
this
property
for
years
and
rightfully
so
I
I
don't
think
anywhere
in
the
city.
We
would
want
a
piece
of
property
like
this
to
to
sit
in
this
condition.
N
I
agree
with
the
previous
speakers
that
I
I
don't
see
that
it
makes
any
sense
to
hold
this
applicant
responsible
for
the
prior
property
owner.
I
think
the
applicant
has
explained
what
happened
with
the
one
tree
that
was
removed,
he's
he
had
a
miscommunication
with
the
landscaping
company.
He
said
he's
taken
responsibility
for
it
and
his
staff
has
said.
N
I
think
he
has
to
provide
fees,
penalty
fees,
in
addition
to
a
large
amount
of
trees,
that
he's
planning
so
and
the
owner
of
the
property
in,
in
my
opinion,
has
the
right
to
replace
the
gas
station
with
a
gas
station,
and
so
for
us
to
say
well,
we'd
rather
see
it
be
something
else.
I
I
don't
think
that's
reasonable,
and
I
know
that
the
residents
of
the
area
would
like
the
project
to
move
forward
as
quickly
as
possible,
as
commissioner
oliveira
has
said.
So.
Thank
you.
B
M
No,
I
wha.
I
would
like
to
clarify
that,
I'm
not
in
the
spirit
of
being
punitive
from
the
circumvention
of
you
know
of
the
process.
What
I
am
saying
is
that
I
I
don't
like
that
aspect
of
it
but
further,
but
but
more
than
that.
M
It's
a
half,
an
acre
that
we're
dedicating
to
a
gas
station.
Aren't
we
trying
to
make
these
communities
greener
and
have
less
parking
and
more
housing
and
more
affordable
housing
instead
of
a
half
acre
gas
station?
It
is,
it
doesn't
align
with
what,
with
our
general
plan
or
our
division
2040
plan.
So
that's!
B
Thank
you,
commissioner.
Montagness.
E
Hi
miss
kafal.
I
have
a
question
with
respect
to
the
gas
station
losing
its
legal
non-conforming
status.
Can
you
walk
us
through
the
history
and
then
can
you
educate
me
on
whether
we
have
to
put
a
gas
or
we
can
we
should
we
have?
E
We
can
allow
a
gas
station
just
because
the
gas
station
already
existed
there
or
are
we
going
through
a
process
that
we're
going
to
allow
for
something
that
lost
its
legal
non-conforming
status
and
we're
going
to
go
through
the
process
to
re-um
establish
that
gas
station
in
a
site
that
may
or
may
not?
I
mean
you
need
to
educate
me
on
this
may
or
may
not
be
permitted
unless
we
give
it
certain
conditional
uses.
A
So
the
proposal
today
is
for
a
new
gas
station.
Just
it
happens
to
be
that
the
site
was
built
as
a
gas
station.
So
you
know
there
was
the
canopy
and
all
the
things
are
remaining
on
the
site,
but
there
is
no
legal
non-conforming
use
that
is
being
reinstated
here.
This
is
the
new
gas
station
and
to
your
question
about
whether
we
are
going
to
approve
a
gas
station
or
or
not,
the
proposal
is
for
a
gas
station.
E
Right
and
the
reason,
so
we
would
have
to
give
it
these
we're
giving
the
structure
a
required
like
we
have
to
designate
it
a
certain
way.
It's
legal,
it
was
legal,
it
was
legal
non-conforming
in
the
past
it
closed
down,
it
was
it
it
was
no
longer
just
because
it
existed
there.
It
should
exist
there.
It.
E
Is
there
anything
that
says
that,
just
because
it
was
a
gas
station,
we
need
to
allow
for
it
to
be
a
gas
station.
At
this
point,.
A
We
are
not
reinstating
the
legal
non-conforming
status,
so
no,
we
do
not
have
to
okay
approve
a
gas
station
here.
C
Yeah
just
to
clarify
sanhedes,
I
appreciate
that
he's
comments,
but
gas
stations
are
permitted
with
the
condition
used
from
it
in
the
in
the
by
the
zoning
ordinance
for
the
zoning,
so
it
is
allowed
with
the
conditions
correct.
So
I
just
want
to
clarify
that.
L
Yeah,
so
I
just
want
to
sort
of
add
to
what
sunita
and
patrick
are
saying
by
the
way.
I'm
your
secretary
tonight,
I
don't
think
I've.
We
I've
met
many
of
you
because
the
in
the
planning
commission
introduction
101.
I
was
in
cincinnati,
so
I
wasn't
there,
but
I
am
I
tag
team
with
robert
manford
and
being
your
secretary
and
I'll
meet
you
sometime
in
person,
but
I'm
giving
you
a
virtual
hello
tonight.
L
So
the
other
thing
is,
you
know
there
may
be
different
opinions
about
how
the
city
should
use.
I
guess
as
a
half
acre
site
like
this
on
this
location,
but
I
just
want
to
make
it
clear
that
the
general
plan
designation
is
neighborhood
community
commercial
gas
stations
just
like
they
are
allowed
in
the
zoning
district
as
a
conditional
use
permit.
L
This
is
the
type
of
use
that's
allowed
in
the
general
plan
at
this
location
so
essentia.
I
think,
and
it
says
in
the
staff
report.
This
project
is
consistent
with
the
general
plan,
landy's
designation
for
the
site
and
it
is
allowed
use
with
the
conditioning's
permanent
zoning
district.
So
I
think
you
need
to
keep
it
in
mind
that
it
is
consistent
with
the
general
plan
and
the
vision
for
the
general
plan.
L
B
Michael
thank
you
for
that.
I
think
we've
asked
questions
and
commission
one
thing
doesn't
see
your
hand
up.
Is
it
still
up
or
is
it
a
new
up.
E
Actually,
I
have
another
question
with
respect
to
the
trash
receptacle.
Is
that
covered
or
is
it
uncovered.
A
E
D
K
That
is
correct.
I
am
a
new
owner.
I
have
no
affiliate.
I
bought
it
from
a
third
party
through
a
broker
and
it
actually
a
very
significant
number-
that's
being
assessed,
it's
being
assessed
at
4.5
million
dollars
just
for
the
real
property,
so
the
assessed
value
has
dramatically
changed
since
the
previous
owner.
B
G
No
chair,
but
also
I'd
like
to
comment
that
the
first
speaker
actually
had
nothing
to
say
about
the
existing
agenda
item
and
I
think
in
the
future.
If
speakers
are
not
talking
about
the
actual
item
that
they
should
be
tasked
to
speak
on
the
item.
But
I
do
appreciate
the
comments
from
mrs
russo
and
how
she's
ecstatic
that
they
will
not
be
selling
beer
and
alco
beer
and
wine.
Thank
you.
B
C
B
B
F
C
H
B
L
There
is,
I
don't
think,
yes,
there's
the
june
29th
council
meeting,
which
I
don't
think
you've
had
a
report
out
on
yet
so
let
me
just
bring
it
up
really
quick.
Give
me
a
second
to
find
what
I
did
with
it
one.
Second,
please.
L
Here
it
is
okay,
so
there
was
actually
a
lot
on
the
agenda
on
the
29th.
The
first
thing
that
the
council
considered
was
the
alum
which
you
guys
didn't
hear
this,
but
there's
san
jose
state
students
and
kim
university
did
a
community
vision
and
community
priorities
exercise
with
the
alum
rock
community
along
that
corridor.
L
It's
go
and
it's
called
the
community
prize
for
elim
rock
corridor
report.
The
council
considered
accepting
that
report
as
the
community's
desires
and
vision
for
the
lm
rock
corridor,
and
they
we
recommended
they
accept
it
and
the
council
did
accept
it.
So
it's
been
accepted
to
sort
of
guide
staff
developers
in
the
community
with
future
work
and
planning
efforts
and
desires
for
future
development
proposals
on
alum
rock
corridor.
It's
not
a
binding,
approved
document,
but
it's
more
sort
of
acknowledging
accepting
the
community's
vision
of
what
they
like
to
see
along
there.
L
I'm
sorry
conforming,
resulting
in
site
development
permit
for
a
property
at
story.
Road
in
south
jackson
avenue
that
was
deferred
by
the
council
and
I
don't
have
background
on
why
it
was
deferred.
Maybe
one
of
my
colleagues
can
comment
on
that.
L
Community
planning
commission,
if
you
remember,
recommended
denying
staff's
recommendation
and
the
council
did
in
fact
deny
approval
that
ordinance,
so
it
did
not
go
into
effect
and
nothing
is
changing.
In
regards
to
the
process
for
pawn
shops,
there
was
a
general
plan
amendment
and
a
site
permit
for
a
property
on
waz
way.
L
I
believe
this
is
boston
properties,
1.85
million
square
feet
of
office
develop
I'm
of
commercial
that
was
approved
by
the
council
and,
of
course,
the
the
the
big
item
for
the
night,
at
least
for
me,
and
some
of
my
teammates
was
the
berryessa
bart
urban
village
plan
and
the
flea
market
rezoning
that
had
gone
to
council
on
the
22nd.
It
was
continued
to
the
29th
to
allow
for
more
negotiation
between
the
council
offices
and
the
property
owner.
L
The
property
owner
increased
the
contribution
towards
that
process
from
2.5
million
to
5
million
dollars,
and
there
was
more
sort
of
rules
about
the
process
to
moving
forward
with
pd
permits
and
how
the
flea
market
would
move
forward.
Vera
was
there.
If
you
have
any
more
specific
details
on
it.
I
was
in
cincinnati
that
night,
unfortunately,
because
I
wish
I
was
there
that.
F
Yeah
I
do,
but
I
will.
I
can
take
my
hand
down
here
and
just
comment
that
final
adoption
of
this
flea
market
rezoning
is
scheduled
for
the
august
3rd
council
meeting
and
there
is
a
memorandum
from
our
office
explaining
the
council
action
in
detail,
so
that
staff
and
everyone
else
knows
exactly
what
the
council
action
was
at
the
june
22
june
20
continued
june
23rd
meeting
and
then
continued
again
on
june
29th,
with
the
vote
that
michael
the
unanimous
vote
to
approve.
F
So
if
the
commissioners
are
interested
in
seeing
what
the
council
action
was,
there
is
a
memo
or
will
be
a
memo
posted
for
august
3rd.
I
don't
know
if
I
think
the
clerk
has
already
posted
it,
but
I'm
not
sure,
but
just
take
a
look
at
that
agenda
once
it
posts
publicly
and
you
will
see
the
memo.
B
B
C
L
Don't
have
any
more
information
on
that.
If
you
have
questions
we
can
bring
them
back
next
time,
but
is
the
next.
That
is
the
next
time.
Isn't
it
so
I
don't
have
any
information
I've
been
actually
out
of
the
office.
B
We
can
always
email
colleagues,
we
can
always
email
staff
if
we
have
any
specific
questions
prior
to
the
meeting.
Okay
with
that,
we
will
now
go
to
the
public
record.
Does
anyone
want
to
add
anything
for
the
public
record?