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From YouTube: JAN 12, 2022 | Planning Commission
Description
City of San José, California
Planning Commission meeting of January 12, 2022.
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=922222&GUID=ABBF11CC-67EB-4D25-84A5-74C78DC21FC1
A
A
A
A
A
A
A
B
All
right,
thank
you
all
right,
good
evening.
Everyone
happy
new
year
to
our
members
of
the
public
that
weren't
here
for
the
study
session
and
welcome
back.
My
name
is
rolando
bonilla.
I
am
the
chair
of
the
san
jose
planning
commission.
Welcome
to
the
planning
commission
meeting.
This
meeting
is
being
held
via
zoom
conference
call
due
to
the
coven
19
crisis.
B
Members
of
the
public
may
participate
by
following
the
instructions
listed
on
the
agenda.
You
may
also
view
and
listen
to
the
meeting
on
livestream
cable,
tv,
granicus
and
youtube
following
roll
call.
During
summary
of
hearing
procedure,
we
will
review
how
the
public
may
provide
comment
during
today's
session.
Welcome
roll
call,
bonilla
here
casey
here.
A
B
C
B
B
City
staff
will
call
out
names
of
the
public
who
identify
with
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,
535,
535-3505
or
email
planning,
support
staff
at
san
jose
ca.gov
and
identify
your
name
phone
number
and
what
item
or
items
you'd
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.
Each
speaker
will
have
two
minutes.
B
Speakers
using
a
translator
will
have
four
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
response
to
commissioner
questions
will
not
reduce
the
speaker's
time
allowance
staff
will
unmute
the
speaker
to
respond
to
the
commissioner.
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
asked
to
have
questions
and
discuss
the
item.
B
If
you
challenge
these
land
use
decisions
in
court,
you
may
be
limited
to
raising
only
those
issues
you
or
someone
else
raised
at
the
public
hearing
or
in
written
correspondence
delivered
to
the
city
at
or
prior
to
the
public
hearing.
The
planning
commission's
actions
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
legal
protests
to
the
city
council
on
rezonings
and
pre-zonings.
B
B
B
B
B
B
B
A
D
E
B
Oh,
that's,
that's
actually
what
I
meant
all
right,
we'll
get
through
the
minutes.
We
just
got
the
minutes
passed
now
I'll,
entertain
a
motion
for
the
consent,
calendar.
A
C
C
B
Apologize
for
the
clunkiness,
I
decided
to
break
my
finger
about
four
hours
ago,
so
I'm
adjusting
yeah,
I'm
not
a
I'm,
not
the
athlete
I
once
was,
and
even
though
once
was
is
questionable,
but
now
it's
confirmed
so
all
right.
So
with
that
we
will
go
ahead
and
move
to
item
five
public
hearing
now
open
the
public
hearing.
B
H
The
site
is
currently
developed
with
existing
single-family
residents
and
associated
accessory
structures.
The
applicant
is
proposing
the
chain's
existing
land
use
designation
of
residential
neighborhood
to
neighborhood
community
commercial.
The
residential
neighborhood
land
use
designation
is
applied
broadly
throughout
the
city
to
encompass
most
of
the
established
single-family
residential
neighborhoods,
including
both
the
suburban
and
traditional
residential
neighborhood
areas.
H
Neighborhood
community
commercial
supports
a
very
broad
range
of
commercial
activities,
including
commercial
uses
that
could
serve
the
community
in
neighboring
areas
such
as
neighborhood
serving
retail
and
service
and
commercial
professional
office.
Development
staff
found
that
the
proposed
project
would
convert
a
residential
land
use,
designation
to
a
commercial
land
use
designation
and
therefore
increase
the
overall
employment
land
in
the
city
and
increase
employment.
Land
would
increase
the
number
of
jobs
within
the
city
and
further
the
city's
goals
of
fiscal
sustainability.
H
H
An
initial
study
and
negative
declaration
were
prepared
by
director
of
planning,
building
and
co-enforcement
for
the
proposed
general
plan.
Amendment
and
rezoning
the
documented
documents
were
circulated
for
public
review
from
november
3rd
2021
through
november
20
out
from
november
3rd
2021
through
november
23rd
2021.
No
public
comments
were
received.
H
H
They
need
to
be
allowed
to
speak,
it's
al
caruso.
He
has
his
hand
raised.
I
I
If
robert
riviera
can
put
up
the
map
the
zoning
map
and
show
the
the
indication
of
where
we're
looking
to
make
the
gp
amendment,
because
it
illustrates
very
clearly
that
in
a
way
it
complete
beats
the
neighborhood.
The
gp
map,
which
I
believe
in
the
last
presentation
was
colored
in,
I
believe
pink
that
shows
the
commercial
uses
both
across
the
street
on
actually
all
three
sides
of
this
property.
This
particular
piece
is
the
missing
link,
if
you
will
for
that
commercial
use.
I
Furthermore,
the
owner
of
the
property,
mr
bracamontes,
is
a
long-term
resident
of
this
district
and
this
community
and
he
looks
to
locate
his
his
office
there,
along
with
another
adjacent
business.
So
this
is
really
strictly
for
neighborhood
use
for
a
resident
of
the
district
to
locate
his
office
on
this
particular
piece
of
property
has
okay:
the
map
is
coming
up
there
we
go
so
if
we
can
zoom
in
on
the
the
site,
that
is
the
particular
site,
so
the
the
community
commercial
is
directly.
I
I
If
there
are
any
questions
about
the
use
and
or
the
project,
this
is
strictly
land
use
right
now,
only
gp
the
project
would
be
submitted
and
we'll
go
through
all
of
the
vetting
process,
with
the
city
with
the
opportunity
for
neighbors
to
give
input
as
well
at
that
time,
and
I
just
reserve
any
comments
for
the
end
after
community
input.
Of
course,
thank
you.
B
A
A
Okay,
a
kg.
You
have
two
minutes
to
speak
with
him
yourself.
J
Hey
how
you
doing
commission
this
is
keith
gaxiola,
I'm
the
resident
adjacent
to
the
how
to
the
proposed
project.
J
J
My
concern
is
more
with
the
the
proposal
from
the
developer
of
putting
a
business
or
a
proposed
commercial
site
next
to
existing
residences.
J
If
robert
could
put
up
the
the
map
that
was
just
shown,
I'd
like
to.
J
Show
what
he's
proposing
is
actually
inconsistent
with
the
neighborhood.
The
four
corners
there
at
abort
in
san
felipe
do
have
commercial
use.
However,
the
island
that's
being
proposed
for
the
commercial
use
doesn't
have
a
buffer
like
the
other
ones.
Do
the
other
properties
have
thompson
creek
as
a
buffer
from
the
residential
areas?
In
addition,
some
of
the
other
other
properties
have
keaton
loop.
There's
a
born,
there's
san
felipe
that
are
buffers
this
in
this
instance,
there's
really
no
buffer
from
the
commercial
use
to
the
proposed
to
the
existing
residents
of
the
keaton
loop.
J
In
addition,
if
the
the
proposal,
what
he's
proposing
is
correct,
there
are
existing
retail
spaces
within
each
one
of
those,
the
lucky's
parking
lucky
shopping
center,
the
the
planet,
fitness
shopping
center
and
the
evergreen
valley
square
shopping
center,
existing
retail
uses.
I
mean
I'm
sorry
existing
vacant
spaces
for
retail,
use
that
this
individual
can
use.
Thank
you.
B
Thank
you
is
that
conclude
public
comment,
john.
B
Right
public
comment
is
now
closed.
We'll
now
move
on
to
the
applicant
response
to
public
comment.
I
I
I
do
definitely
hear
the
the
neighbor
next
door
and
we
will
be
very
diligent
in
working
with
the
neighbors,
as
we
have
committed
also
to
the
council
person
of
the
district
that
will
work
very
closely
with
the
neighborhood
and
the
neighbor
next
door
to
make
sure
that
all
the
regulations
of
the
city
of
san
jose
are
followed
on
sound
attenuation,
respecting
the
neighborhood
and
the
residents,
both
next
door
and
in
the
community,
and
make
sure
that
the
project
is
designed
respectfully
and
honorably
to
reflect
both
the
community
spirit
and
and
the
needs
of
of
the
business
community
in
the
area
and
bring
more
valuable
jobs
to
to
this
district.
I
With
that,
I
am
happy
to
answer
any
questions.
If
there
are
any.
This
is
strictly
the
gp,
not
the
project
tonight
and
look
forward
to.
I
hope,
your
support
for
the
gp
amendment
that
will
bring
more
jobs
to
san
jose
and
a
stronger
tax
base
and
then
look
forward
to
reviewing
the
project
with
you
in
the
future.
B
Thank
you,
mr
cruz,
and
I
am
not
going
to
close
the
public
hearing
candidly,
because
commissioners
have
questions
of
mr
cruz,
so
I
want
to
make
that
easy
to
do
so
with
that,
I
will
now
open
it
up
to
commissioner
questions.
I
see
commissioner
olivario
is
the
first
hand
up
cash
floor
of
yours.
K
I
B
B
A
Yeah,
I
do
have
a
ques.
I
do
have
a
question
regarding
for
the
applicant
in
terms
of
how
it
will
create
jobs.
If
I'm
not
mistaken,
mr
bracamontes
has
an
office
on
story
road
where
he
basically
did
the
same
thing.
He
built
an
office
at
one
point.
I
think
it
was
I'm
not
sure
if
it
was
fully
occupied
or
not,
but
will
that
office
be
moving
over
here
or
and
and
why
not?
That's
the
first
part
of
my
question.
A
The
second
part
of
my
question
is
why
not
doing
do
a
mixed-use
project
so
that
residential
could
be
included.
I
I
We
generally
love
to
do
it
and
support
it
wherever
possible
to
increase
both
housing
and
commercial,
but
in
this
particular
site,
because
it's
awkwardly
shaped,
if
you
will
and
has
access
on
two
sides
of
the
street,
it's
pretty
limited,
it'll,
be
a
few
thousand
square
feet,
a
smallish
office
and
retail
building,
nothing
huge
or
large,
but
something
that
serves
literally
just
community
serving
retail
something
small.
B
Commissioner,
garcia,
does
that
conclude
your
questions.
E
Yeah,
I
don't
really
have
a
question.
I
have
more
of
a
comment.
You
know
we
keep
hearing
that
we're
in
a
housing
shortage,
and
here
we
are
taking
residential
and
rezoning
it
to
commercial.
I
just
don't
think
it
makes
sense,
and
I
think
we
should
be
preserving
residential
zoning
and
resident.
You
know
the
ability
to
build
residences.
E
I
I
actually
went
by
the
property,
have
some
good
friends
that
live
up
on
a
born
and
up
on
the
hill,
but
you
know
it's
interesting
that
that
area
is
really
that
that
island
is
residential,
and
you
know-
I
admit,
the
commercial
that
is
across
the
street
on
all
on
all
the
other
corners
makes
sense.
I
don't
think
that
superimposing
commercial
in
that
island-
that
is
all
residential
right
now,
really
makes
sense,
and
I
think
we
need
to
really
consider
preserving
housing
at
this
point.
Those
around
the
comments.
B
C
B
C
B
H
Robert
rivera
again
with
the
planning,
division,
gp21006
and
c21030,
is
the
general
plan.
Amendment
should
change
the
land
use
designation
from
mixed
use,
neighborhood
to
urban
residential,
as
well
as
the
conforming
rezone
to
rezone
the
project
from
r18
single-family
residence
to
ur
urban
residential
zoning
district
on
a
0.97
gross
acre
site
located
on
the
northwest
of
east
julian
street,
approximately
150
feet
south
west
of
wooster
avenue.
H
The
project
site
contains
an
existing
duplex,
an
existing
single
family
home
the
site
is
approximately
1
000
feet
from
the
future
28th
street
little
portugal
bart
station.
The
subject
side
is
bounded
by
multi-family
residential
homes
on
the
north,
east
and
west,
and
on
the
south
across
east.
Julian
are
existing
retail
commercial
buildings.
H
H
H
In
other
areas,
within
the
city
that
have
existing
residential
development
built
at
this
density
within
specific
plant
areas
or
in
areas
in
close
proximity
to
an
urban
village
or
transit
facility,
where
intensification
would
support
those
facilities,
the
urban
residential
land
use
designation
allows
densities
with
a
minimum
of
30
dwelling
units
per
acre
to
a
maximum
of
95
dwelling
units
per
acre
staff.
Analysis
found
that
the
project
cites
proximity
to
the
urban
village
and
the
future
28th
street
little
portugal
bart
station
supports
the
proposed
increase
in
residential
development.
H
The
subject
side
is
approximately
1000
feet
from
the
future
bart
station.
Should
this
amendment
not
be
approved,
the
site
could
develop
with
a
lower
density
such
as
townhomes
or
small
lot
single
family
residences,
which
would
result
in
a
lost
opportunity
for
more
residential
to
live
adjacent
to
regional
transit
systems
and
reduce
their
dependency
on
travel
by
car.
The
proposed
general
plan
amendment
would
increase
residential
density
to
better
utilize
the
land
plan
for
residential
development
by
maximizing
the
housing
opportunity.
H
The
proposed
increase
in
residential
density
would
support
the
daily
ridership
of
the
future
bart
station
and
would
further
the
city's
goals
of
reducing
vmt
and
greenhouse
gas
emissions.
A
community
meeting
was
held
on
september
13
2021
and
six
community
members
attended.
Community
members
who
were
interested
in
the
timeline
for
development
and
staff
explained
that
the
proposed
project
would
need
additional
entitlements
for
any
proposed
development.
The
proposed
project
would
change
the
general
plan.
B
E
A
Do
you
know
jerry's
last
three
numbers
of
his
phone
number,
because
there's
two
408
numbers
that
dialed
in
it
would
be
931?
Okay,
perfect,
thanks:
okay,
the
phone
number
is
there
you
go
jerry,
you
can
go
ahead
and
meet
yourself
all
right.
This
is
jerry
strange's
speaking
of
behalf
of
the
applicant.
Can
you
hear
me.
A
A
This
is
a
general
plan
to
increase
the
density
to
be
in
com
conformance
with
the
adjacent
urban
village,
which
is
adjacent
to
the
five
wounds
bart
station.
The
density
is
too
low
as
it
sits.
So
we
will
be
increasing
the
density
with
this
general
plan
and
would
be
coming
in
with
an
application
this
year.
That
would
define
the
specific
project
staff
has
done
a
very
thorough
job
in
their
report.
A
I'll
support
the
staff
recommendation,
100
percent-
I
don't
really
have
much
more
to
add
other
than
we
plan
to
improve
the
site,
make
it
look
a
lot
better
than
it
is
and
have
it
support
these
city
policies
relative
to
transit
stations
nearby
and
the
nearby
urban
village
plan.
So
I'll
stop
right
there
and
address
any
questions
anybody
has
but
don't
need
to
add
anything
more
than
we
support
the
staff
report.
One
hundred
percent.
B
B
D
B
Thank
you
for
that.
Mr
strange.
I
just
appreciate
the
brevity
all
right
with
that
the
commissioner
questions.
Again,
I
will
not
close
pub
the
public
hearing
in
order
to
give
us
the
space.
If
we
have
questions
of
the
applicant
commissioner.
K
B
K
Well,
that
could
be
any
emotion
watch
out.
I
would
just
like
to
make
a
motion
to
support
the
staff
recommendation.
Thank
you.
B
A
A
C
C
B
H
Thank
you
chair
robert
rivera
with
planning,
division,
gp21004
and
c21009
is
the
general
plan
amendment
to
change
the
land
use
designation
from
neighborhood
community
commercial
to
mixed
use
neighborhood,
as
well
as
the
conforming
rezoning
to
rezone
the
project
from
the
cp
commercial
pedestrian
to
mun
mixed
use.
Neighborhood
zoning
district
on
a
0.6
cross
to
acre
site
located
at
7246
sharon
drive
the
project
site
is
located
on
the
southern
side
of
sharon,
drive
approximately
220
feet
east
of
south
danza
boulevard
within
the
city
of
san
jose.
H
The
site
is
developed
with
a
10
366
square
foot
commercial
building
currently
used
as
a
medical
office
and
parking
lot.
One
driveway
provides
access
to
the
site
from
sharon
drive
the
site
is
bounded
by
sharon,
drive
to
the
north
commercial
buildings
to
the
west,
south
and
north,
and
a
small
lot
single
family
residence
to
the
north,
east
and
east.
H
The
applicant
is
proposing
to
change
the
existing
landings
designation
of
neighborhood
community
commercial
to
mixed-use
neighborhood.
The
existing
land
use
designation
of
neighborhood
community
commercials
supports
a
very
broad
range
of
commercial
activity,
including
commercial
uses
that
serve
the
community
in
the
neighboring
areas,
such
as
neighborhoods
serving
retail
and
services
and
commercial
professional
office
development.
H
This
designation
supports
commercial
or
mixed-use
development,
integrated
mix-use
development,
integrated
with
residential
at
densities
of
up
to
30
dollar
units
per
acre
staff.
Analysis
found
that
the
project
site
is
not
located
within
an
identified
growth
area
and
proposes
to
convert
an
approximately
0.6
gross
acre
site
from
a
commercial
land
use
designation
to
a
residential
landing
designation.
H
The
site
is
currently
developed
with
a
ten
thousand
three
hundred.
Sixty
six
square
foot
medical
office
built
building
the
mixed
use,
neighborhood
land
use
designation,
does
not
require
any
commercial
floor
area
for
development
and
could
be
developed
with
solely
residential
uses.
Further
the
project
side
is
not
near
any
major
transit
facilities.
H
H
Additionally,
the
project
is
bordered
on
three
sides:
north
west
and
south,
with
the
same
current
general
plan,
landings
designation
of
neighborhood
community
commercial
and
commercial
pedestrian
zoning
as
the
site.
The
amendments
requested
are
not
consistent
with
the
commercial
nature
of
the
existing
uses
in
the
immediate
vicinity
of
the
project
site
and,
if
approved,
may
lead
to
further
conversions
of
other
sites
in
the
area
from
commercial
to
residential
which
may
reduce
employment
lands
in
the
future.
H
Contrary
to
the
general
plan,
policies
cited
above,
a
community
meeting
was
held
in
coordination
with
council
district
1
offices
to
discuss
a
project
on
september,
16
2021,
no
one
from
the
public
attended.
The
community
initial
study
and
negative
declaration
were
prepared
by
the
director
of
planning,
building
and
code
enforcement
for
the
subject,
general
plan
amendment
and
rezoning.
H
The
documents
were
circulated
for
public
review
between
november
9th
2021
and
december
6
2021.
The
negative
declaration
states
that
the
proposed
general
plan
amendment
and
performing
rezoning
will
have
less
than
a
city
of
significant
effect
on
the
environment.
No
impacts
are
identified.
Therefore,
no
mitigation
is
required.
H
One
comment
was
received
from
santa
clara
valley,
water
recommending
edits.
The
comments
didn't
raise
any
concern
regarding
adequacy
of
the
secret
document.
Staff
recommends
that
the
planning
commission
make
a
recommend,
make
a
recommendation
to
city
council
to
find
the
proposal
in
conformance
with
zika
and
deny
the
proposed
general
plan
amendment
and
rezoning.
This
concludes
staff's
presentation.
B
M
M
Great,
if
you
don't
mind,
okay,
great,
thank
you.
So
with
that
I
will
start
good
evening
chair
vice
chair
and
the
planning
commission.
My
name
is
odessa
bibidel
owner
of
elevate
now
consulting
representing
the
owner
of
7246
sharon
drive.
We
thank
staff
for
working
with
the
applicant
and
we
understand
that
the
resources
are
strained,
as
they
have
been
short
staffed
in
recent
times.
However,
we
do
not
agree
with
their
findings
and
the
denial
of
the
gp
application
for
gp
21-004
from
neighborhood
community
commercial
to
mixed-use,
neighborhood
and
conforming
zoning
of
c21-009.
M
I
was
approached
by
the
owner
of
the
property
in
february
of
2021,
when
I
came
on
site
to
see
the
project,
the
current
conditions
and
the
conditions
of
the
current
environment
and
neighboring
projects
underway
an
approval.
I
agreed
to
work
with
them
as
it
makes
sense
and
it's
a
benefit
to
the
city.
As
you
can
see,
this
is
the
picture
of
the
current
project
or
the
current
building.
M
Mr
wong
has
owned
this
parcel
for
the
last
eight
years
and
has
not
been
able
to
lease
it
fully.
During
the
height
of
the
economy,
it
was
only
leased
at
60
percent
and
now
it's
only
at
38
percent,
while
all
other
offices
in
the
anza
boulevard,
which
were
right
next
to
are
at
93
to
100
lease.
The
reason
is
very
clear
when
you
speak
to
any
commercial
broker.
This
building
is
class
c
and
d
office,
which
is
hard
to
market.
M
While
there
are
other
newer
products
available
on
the
market,
it
is
also
located
within
the
neighborhood,
with
no
frontage
to
any
major
street,
so
from
visibility
and
signage
signage.
It
is
not
located
where
it
can
be
usable,
we're
also
in
a
competition
with
the
saratoga
and
cupertino
market,
since
it
is
in
that
neighborhood
not
to
mention
share
and
drive
is
actually
not
a
drive.
It
is
a
cul-de-sac
surrounded
by
homes.
M
M
This
parcel
is
now
landlocked
due
to
the
proposed
hotel
development
that
is
fronting
the
anza
boulevard.
This
map
shows
it.
The
large
black
box
is
the
proposed
hotel
development
that
will
be
landlocking
our
project,
with
hotel
being
the
most
economically
profitable
use
and
its
vicinity
to
apple
headquarter.
The
approved
hotel
development
will
forever
land
lock
the
applicant
with
no
hopes
for
a
frontage
to
a
major
street
or
development
of
a
larger
project.
M
The
reason
he
is
seeking
such
change
is
that
the
applicant
is
proposing
to
build
10
live
work
units
that
will
be
standalone
much
like
a
town
home
with
the
businesses
on
the
first
floor
and
top
two
floors
for
a
living
space.
Neighbors
living
on
sharon
drive
told
us
about
examples
they
had
seen
in
cupertino
and
they
liked
having
live
work
product
within
their
own
neighborhood
with
the
economy
changing
and
the
work-life
balance,
changing
from
the
office
market
to
hybrid
format.
M
The
live
work
concept
is
here
to
stay
and
grow
as
owner
one
can
own
a
business
on
the
first
floor
of
the
building,
while
the
entire
living
space
would
be
at
the
second
and
third
floor.
These
are
the
concepts
that
we've
been
working
on
and
sharing
with
staff
and
council
district
one
office
and
we've
been
working
with
them
over
the
last
year.
So
it's
been,
as
you
can
see,
these
concepts
are
coming
to
fruition
very
soon.
They
are
concepts,
but
they
are
coming
forward.
M
M
In
fact,
neighbors
agree
with
us
as
well:
we
walk
the
entire
neighborhood
and
have
gathered
over
60
signatures
of
support
from
those
living
in
the
neighborhood.
We
have
submitted
the
petitions
today
and
I
hope
that
you
have
all
seen
them
and
receive
them
from
staff.
As
I
stated
before,
the
example
from
the
pertino
live
workplace
came
from
the
neighbors,
which
we
were
not
aware
of.
M
These
are
the
successful
and
innovative
examples,
and
yet
we
believe
the
design
of
our
project
will
surpass
these
current
projects,
and
the
next
several
slides
will
show
within
this
is
an
example
from
cupertino
that
the
neighbors
told
us
about
when
we
were
walking
from
door
to
door.
As
you
can
imagine
during
covet,
it
was
very
difficult
to
meet
people,
but
we
were
able
to
accomplish
that,
and
we
probably
would
have
reached
out
more
people
if
there
was
no
covet
19.
and
the
next
two
slides
showed
the
ones
from
city
of
milpitas.
M
I
was
an
economic
development
director
there
when
this
project
came
through
and
these
pictures
are
from
last
week.
There
is
a
this
is
a
picture
of
a
project
that
I
put
my
head
in,
took
a
picture
of
it
and,
as
you
can
see,
it's
a
high-tech
office.
B
Do
we
get
a
public
comment
right
now,
jen
we'll
go
ahead
and
save
that
last
sentence
for
your
applicant
response
public
comment:
please
how
many?
How
much
public
comment
do
we
have.
A
A
Perfect
adam
wagner
go
ahead
and
meet
yourself
and
you
have
two
minutes
to
speak.
Okay,
can
you
guys
all
hear
me?
We
can.
N
Great,
my
name
is
adam
and
I
live
in
the
neighborhood.
I
met
the
applicant
when
they
came
to
talk
to
me
about
the
proposal
and
I
think
the
applicant's
right.
I
think
this
parcel
isn't
really
suitable
for
commercial
there's,
hardly
any
activity
from
the
office
and
it's
kind
of
not
a
very
good
looking
building
right
in
the
neighborhood.
So
I
don't
think
it's
really
that
useful
as
a
commercial
site
in
west
san
jose.
N
You
know,
I
think
we
need
more
housing,
so
changing
the
the
current
parcel
and
replacing
it
with
a
general
plan
that
allows
for
the
live
work,
housing
as
was
just
presented.
I
think
it
would
be
a
great
addition
to
our
neighborhood,
so
I
know
my
family
and
my
neighbors
are
in
support
of
it
and
I'd.
Ask
just
ask
you:
do
support
to
like
approve
the
general
plan,
because
I
think
that's
just
what
our
neighborhood
needs
so
yeah,
great
great
addition
to
our
neighborhood,
and
I
appreciate
you
listening
to
my
comments.
Thank
you.
M
Okay,
thank
you
I'll
just
take
a
moment
to
finish
it
and
thank
you
for
your
time
and
respectfully
ask
the
planning
commission
to
reject
the
staff's
denial
and
approve
the
gp
amendment
from
neighborhood
community
commercial
to
mixed
use.
Neighborhood.
B
Thank
you,
ms
bit
bedell
with
that
commissioner
questions.
Lord
noah
and
casey.
G
So
I
guess
this
might
be
more
of
a
a
business
question
for
you
know
for
the
applicant
or
you
know
for
odessa,
but
why?
Why
is
it
just
to
propose
rezoning
at
this
point
rather
than
rezoning
and
the
project
together.
M
Yeah,
it's
a
good
question.
So
when
I
came
on
board
it
was
in
february
we
had
only
three
weeks
to
apply
for
the
gp
amendment,
or
else
we
would
miss
the
cycle
and
we
would
have
to
come
back
for
a
whole
nother
year.
In
fact,
it
worked
out
really
well
for
us.
We
did
the
conforming
zoning
three
weeks
after
that,
and
our
intention
from
the
very
beginning
has
been
the
live
workplace
even
before
I
came
on
board,
but
it
solidified
working
with
council
district
1
really
helped
out
as
well.
M
More
so
than
that
we
really
honored
and
respected
the
neighborhood.
Quite
often
when
people
have
a
project
they
go
to
the
neighborhood,
we
did
it
before
even
having
an
application
for
a
project,
so
it
really
helped
us
understand
that
we're
really
a
good
fit
and
that's
exactly
what
the
neighbors
want
to
see
in
their
neighborhood
and
also
by
the
way,
we're
ready
to
move
forward
once
the
and
when
and
if
it
is
approved.
We
are
ready
to
hire
the
consultants
to
go
to
the
next
phase
of
the
project.
G
Then
yeah,
I
can
let
other
folks
go
before.
I
ask
more
questions.
M
G
I
guess
it's
a
question
for
staff.
My
understanding
is
that
the
main
reason
for
the
recommendation
of
a
denial
is
the
concern
that
this
rezoning
would
allow
this
property
to
be
used
potentially
for
a
housing
only
use,
and
I'm
curious,
this
question
for
staff.
Is
there
any
other
designation
that
would
address
that
concern,
while
still
making
the
type
of
use
that
the
applicant
is
discussing
possible.
H
Hi,
mr
lardon,
thank
you
for
your
question.
The
the
concern
you're
correct
and
the
concern
from
staff
was
that
you're
changing
a
predominantly
commercial
land
use
designation
to
a
residential
land
use
designation
and
the
mixed
use.
Neighborhood
land
use
designation
has
no
commercial
requirement,
as
as
the
mix
use
commercial
landings
designation
would
require
a
a
you
know.
50
far
for
commercial,
so
possibly
the
mixes
commercial
land
use
designation
could
satisfy
the
live
work
proposal.
H
G
O
O
Yeah,
the
other
thing
to
keep
in
mind
is
so
yeah.
It
is
a
conversion
of
of
employment
land
which
the
general
plan
generally
does
not
support,
but
it's
also
about
an
opportunity
cost.
So
this
property
is
in
an
area
that
is
predominantly
designated
for
commercial
and
while
this
building
on
the
site,
mary
very
well,
may
be
obsolete,
you
know,
I
think
it
could
be
combined
with
other
adjacent
properties,
and
that's
our
thinking.
O
You
know
to
to
allow
sort
of
a
larger
commercial
redevelopment,
and
if
you
put
housing
on
the
site,
it
would
preclude
that
potential
future
opportunity.
So
that's
that's!
That's
another
rationale
of
you
know
why
we're
the
general
plan
wouldn't
support
this
and
we're
not
recommending
this.
This
gentleman.
G
Okay-
and
I
guess
just
also
to
express
some
thoughts
on
this-
I
personally
really
like
that.
You
went
and
talked
to
so
many
neighbors
about
this.
I
don't
think
we
ever
really
see
applicants
doing
something
like
that.
So
really
again
glad
you
did
that,
and
I
do
think
this
is
an
area
that
absolutely
needs
housing.
G
You
know
the
it's
in
the
cupertino
school
district,
which
is
facing
serious,
declining
enrollment
problems
because
in
part
due
to
lack
of
housing,
making
it
hard
for
new
families
with
children
to
move
in,
and
I
don't
know
what
to
make
of
the
you
know-
concerns
about
the
location
of
the
site
and
the
uses
nearby
and
whether
that
makes
other
uses
feasible
or
not.
G
But
I
do
think
it's
interesting
that
you're
proposing
a
use
that
would
still
maintain
commercial
use
on
site,
but
I
guess
this
is
like
where
it
gets
into
the
role
of
us
as
a
planning
commission
we're
really
locked
into
enforcing
the
general
plan
when
things
come
before
us.
So,
even
though
I
think
this
seems
like
a
reasonable
use
on
a
subjective
basis,
you
know
in
terms
of
just
considering
the
rezoning
and
what
is
possible
with
it,
not
just
what
you
want
to
do
with
it.
G
L
L
L
We
have
a
commercial
ground
floor
or
potential
retail
space
available
for
folks
and
we're
bringing
in
housing,
and
given
this
covet
era,
it
just
seems
like
a
beautiful
project
and
if
I
were
a
developer,
I
would
totally
love
to
do
this
type
of
project
on
this
site.
So
just
to
give
you
guys
a
perspective
from
being
on
the
ground
floor,
it
transitions
perfectly
to
from
the
hotel
or
the
commercial
use
on.
I
forget
whether
the
street
is
the
main
street
to
the
residential
uses.
L
So
that's
my
perspective
and
then
I
just
was
wondering
why
this
doesn't
fulfill
the
mixed
use
requirement,
given
that
there
are
is
ground
floor,
commercial,
along
with
the
living
accommodations.
O
O
So
while
the
applicant
is
saying
it
will
be
live
work
that
may
be
the
case,
but
that
isn't
necessarily
what
could
result
right.
So
it's
that's
not
what's
before
you
tonight,
it's
just
changing
it
from
a
residential.
Excuse
me,
a
commercial
residential.
So
there
isn't
a
project,
so
the
planning
commission
isn't
getting
a
guarantee
that
will
be
mixed
use.
O
O
Yeah
so
often
what
developers
will
do
is
they'll
bring
back
a
project
with
a
gpa
but
as
as,
as
the
applicant
has
said,
they
didn't
have
time
to
do
that
because
of
the
you
know
the
the
due
date
of
the
general
plan
amendment.
So
they
would
have
to
do
that
later.
Perfect.
P
Thank
you
chair,
so
I
have
a
number
of
concerns
about
the
the
I
support
the
staff
report.
I
have
concerns
about
the
project.
Primarily
you
know
it's
being
presented
to
us
as
a
live
work
project.
That's
not
we're
talking
about
a
general
plan!
Amendment,
that's
a
big
deal
to
me
and
I
kind
of
echo
some
of
commissioner
lardenwa's
comments
that
you
know.
P
I
think
our
role
as
planned
commissioners
is
to
make
sure
that
projects
are
consistent
with
the
general
plan.
This
is
not
it's.
It's
growth
in
an
area
of
the
city.
That's
I
didn't
even
realize
this
was
part
of
the
city
of
san
jose.
You
probably
couldn't
get
further
from
the
center
of
san
jose
than
this
project.
P
So
it's
not
focused
growth.
It's
a
long
way
from
fire
and
police
services.
It's
it's!
You
know
to
me
what
we're
trying
to
what
what
I
believe
the
general
plan's
goal
is,
is
to
put
housing
and
development
in
focus
growth,
areas
in
urban
villages.
P
This
does
the
opposite.
It
creates
housing
in
a
very
kind
of
under-resourced
area
as
far
as
at
least
police
and
fire
services.
So,
and
the
other
thing
too,
is
that,
if
we're
trying
to
reduce
drive
along
commuting,
you
know
the
applicant
is
selling
that
is
live
work.
Well,
it
may
not
be
live
work
and
if
it's
just
residential
there
is
no
transit
out
there
whatsoever.
P
So
those
of
you
my
comments
thanks.
A
Mine
will
be
quick
because
they
really
just
echo
both
casey
commissioners
casey
general
argento,
in
that
I
really
see
how
the
commission
can
recommend
approval
based
on
conformance,
but
I
do
agree
that
it
sounds
like
a
great
project
and
would
love
to.
I
do
this
in
in
concept,
but
I
think
it's.
I
don't
think
we
can
and
then
to.
A
Commissioner
casey's
point
on
the
fact
that
it
doesn't
really
seem
like
there's
a
lot
of
other
opportunities,
I'm
not
sure
how
we
sort
of
bridge
this
gap
of
what
we
can
do
versus
what
would
probably
be
something
that
would
be
nice
to
have
so
just
a
little
conflicted
at
the
moment.
A
Okay,
so
I
I
don't
know
how,
if
I'm
looking
at
the
right
project,
this
is
this
is
not
actually
a
project.
It's
a
it's
a
it's!
A
change
in
land
use,
designation
that
wouldn't
that
today
does
not
have
commerce
that
does
not
have
residential
it's
commercial.
Only
and
and
now
it's
going
to
include
residential.
A
So
you
know
we
just
sat
through
a
a
one-hour
presentation
of
how
we're
creating
all
this
all
this
residential
units,
but
yet
we're
denying
somebody
the
opportunity
to
do
that
when
they've
already
tried
their
hand
with
the
current
use
of
commercial,
and
there
is
such
thing
as
too
much
government,
I
mean
here's,
an
owner
who
says
hey.
Look.
This
commercial
property
has
not
been
profitable.
For
me,
it's
not
on
the
main
drag
there
is
public
transportation
nearby.
A
I
want
the
ability
to
build
some
residential
and
we're
saying
no,
I
I
don't
see
how
we
would
say
no,
when
it's
creating
residential,
it's
not
immediately
on
de
anza,
it's
a
block
off
of
it
and
the
highest
and
best
use
would
actually
be
mixed
use,
if
not
residential
only,
but
we
can't
speculate
as
to
what
they're
going
to
do.
A
We
just
have
an
opportunity
to
add
housing
here,
and
I
think
we
should
not
follow
staff
recommendation.
I
think
we
should
approve
the
application.
B
Thank
you
for
that,
commissioner.
Garcia
we've
got
commissioner
montagnes
and
then
we've
got
commissioners
wise.
E
So
I've
heard
arguments
that
today
about
you
know,
sticking
to
our
general
plan
and
making
sure
that
we
uphold
that
and
yet
each
item
that's
before
us
today
is
some
kind
of
amendment,
and
so
I
think
that
it
is
we're.
I
mean
I
can't
speak
up.
It
seems
like
some
of
the
commissioners
are
kind
of.
E
You
know,
saying
one
thing
here
and
then
saying
something
else
over
here
right
and
I
think
that
if
we're
gonna
do
these
things
we
and
you're
gonna,
say:
okay,
we're
going
to
stick
to
that
and
support
that,
and
just
back
that
then
do
it
right
then
don't
approve
any
any
amendment.
So
for
me
tonight
I
think
this
is
a
I
mean.
I
think
this
is
a
really
great
project.
E
Actually,
the
milpitas
project
that
was
shown
earlier,
one
of
my
friends,
melissa,
actually
owns,
found
one
of
the
businesses
there
and
so
and
another
one
of
my
friends
actually
lives
there,
and
so
I
just
think
that
this
is
a
great
proposal.
I
agree
with
that
with
the
applicant
that
this
they
are
landlocked.
E
I
think
that
we
are
looking
at
amendments
general
plan
events
across
the
board
tonight,
and
I
just
think
that
this
is
a
great
project
and
really
should
move
forward
with
approving
this
project,
deny
or
decline
staff
recommendations
and
move
forward
with
the
project.
D
I
agree
that
this
is
a
a
great
project,
given
the
current
times,
people
obviously
live
and
work
in
the
same
place.
I
mean
everyone
was
forced
to
do
this
during
the
pandemic,
and
I
I
would
like
to
see
the
land
recycle
to
a
better
use.
I'm
just
wondering:
is
there
a
better
general
plan
designation?
That
would
I
mean
I
guess
I'm
wondering
why
staff
didn't
recommend
instead
of
what
they're
proposing
to
change
it
to
to
something
that
would
have
been
both
commercial
and
residential
and
not
just
restricted
to
residential.
D
H
Hi,
commissioner,
or
another
wise,
I
I
think
staff
was
analyzing.
The
proposal
that
was
given
by
the
applicant.
We
can
make
recommendations
to
either
you
know,
change
the
gen,
the
general
plan
designation,
but
we
mainly
analyze
whatever
is
proposed,
and
in
this
situation
it's
still
outside
of
a
focused
growth
area
and
still
could
contribute
to
higher
emissions
being
away
from
transit
and
not
near
near
public
facilities
like
that.
The
concern
for
for
commercial
being
converted
to
residential
could
somewhat
be
alleviated
with
with
a
mixed-use
commercial
proposal.
H
H
So
potentially
a
mix
use
commercial
could
have
been
a
better
land
use
designation
proposal,
but
it
really
was
up
to
the
applicant.
D
At
no
time
did,
staff
though
I
mean
during,
did
you
ever
meet
with
them.
I
mean
it
seems
like
it's
pretty
clear
that
they
knew
what
the
what
they
wanted
to
do.
I
mean
to
say,
like
you
know
this,
we
may
not
support
this,
but
we
would
advise
that
you
do
mix
use
commercial
better.
I
you
know,
I
guess
I
just
wish.
I
would
have
you
know.
Staff
would
have
just
advised
them
that
they
would
have
maybe
supported
the
project
more
if
it
was
geared
towards
something
that
had
both
commercial
and
residentials.
D
I
guess
is
all
I'm
saying,
but
I
do
think
sometimes
you
know
things
are
a
bit
outdated
and
things
should
be
recycled,
but
I
so
that's
just
that's
what
I
have
to
say.
Thanks.
B
Thank
you,
commissioners,
wise.
Do
you
have
any
other
commissioners?
I
do
want
to
weigh
in.
Do
we
have
any
other?
Oh
commissioner,
and
then
we've
got
one
thing.
You
asked
right
back.
A
D
D
E
So
I
I've
heard
a
couple
of
times
and
then
staff
actually
makes
it
makes
it
a
point
to
state
that
re
that
the
re-zoning
or
the
the
plant,
the
general
plan
amendment,
could
eventually
cause
rezoning
to
housing,
only
use
and
it,
and
if
that
were
the
case,
I
think
it
would
be
housing
only
and
then
there
could
potentially
be
density
bonus
for
affordable
housing
right
and
so
there
to
me.
There
just
seems
to
be
I.
I
don't
think
that
the
fear.
E
I
think
that
there's
there
might
be
some
fear
here
about
this
moving
in
a
in
a
general
direction,
where
you
know
it's
red,
residential
land
use
only
designation
and
I
I'm
conflicted
in
the
sense
where
I
think
that
we
need
to
build
more
housing,
and
I
think
that
this
is.
This
is
probably
a
really
great
piece
of
land
where
we
should
be
considering
a
general
planned
amendment
to
achieve
some
of
that
without
the
fear
of
increasing
housing
in
our
in
our
city.
So
that's
the
only
that
that's
my
last
point.
B
Thank
you,
commissioner.
One
thing:
yes
do
you
have
any
other
colleagues
since
and
again
I
do
want
to
weigh
in
I
know.
Sometimes
everyone
forgets
about
the
chair,
but
I
do
want
to
weigh
in
so
commissioner
torrance.
C
Thank
you
chair,
so
I
I
too
have
had
some
conflict
in
this
going
back
and
forth.
I
empathize
with
the
small
business
owner
how
the
current
use
of
the
space
is
underutilized
he's
not
getting
the
funds
that
he
would
like
to
from
that
business.
I
totally
understand
that,
and
yet
again
we're
not
looking
at
a
specific
project.
C
Here
we
were
looking
at
a
concept
and
an
idea-
and
I
think
maybe
it
was
a
little
misstep
on
the
part
of
the
applicant
to
not
apply
for
the
mixed
use
instead
of
just
residential,
because
I
think
we'd
feel
more
confident
giving
up
some
employment
plans
if
we
knew
for
sure
that
that
this
would
be
a
live
work.
C
Unit
second
comment
is:
I
look
at
these
beautiful
this
beautiful
proposal
of
these
units
and
I
think
these
likely
would
not
be
affordable
if
you're
buying
a
house
that's
expensive
in
san
jose
if
you're
buying
a
business
and
a
house
in
san
jose
not
affordable
at
all.
So
a
question
I
have
for
the
applicant
is
if
let's
say
that,
that
is
what
this
was
to
become
a
live
work.
Could
the
people
living
in
the
top
rent
out
the
bottom
space
to
somebody
else.
M
Under
the
city's
codes,
they
cannot
do
that,
so
the
owner
has
to
be
operating
the
business
and
wanted
to
also
reply.
Some
of
the
comments,
the
mixed-use
commercial
is
mostly
commercial
and,
as
I
stated
as
a
former
economic
development,
professional,
no
commercial
space
will
survive
because
there's
no
frontage
to
a
major
street
and
the
other
point
is
somebody
was
asking
about
the
idea
of
the
workplace.
M
The
idea
of
the
workplace
actually
came
from
staff.
It
wasn't.
Robert
was
a
other
staff
member
who
used
to
work
for
the
city
of
san
jose,
and
that
is
how
the
owner
decided
to
move
forward
with
it,
and
then
they
told
them
in
order
to
do
that,
you
need
to
change
the
general
plan,
so
I
hope
that
I
was
able
at
least
to
put
out
some
of
the
discrepancies
out
there.
M
Some
of
the
discussions
you
were
having-
and
I
just
wanted
to
really
jump
in
and
answer
so
with
that
again
for
the
comments
that
these
are
not
successful
products.
A
commissioner
stated
that
she
knows
people
there
again
I
used
to
work
for
city
of
milpitas
when
we
approve
it.
You
have
no
idea
if
it's
going
to
be
successful
right,
but
I
just
went
there
last
week
and
you
can
as
well
visit
the
products
and
milpitas.
They
are
successful.
There's
an
insurance
agent.
M
M
You
don't
go
talk
to
six,
you
know
to
your
neighbors
and
telling
them
one
idea
and
switch
on
them.
That
is
just
not
how
it
works.
It
could
happen
when
somebody
is
just
getting
approval,
but
you
just
don't
do
that
to
the
entire
neighborhood,
especially
when
the
applicant
does
live
in
district
one.
Thank
you.
C
I
think
I
think
that
will
do
it
for
me.
Thank
you.
L
Yeah,
I
just
wanted
to
remind
folks.
You
know
this
reticence
to
change
the
general
plan.
Given
item
8a,
I
think
it
was.
We
just
changed
the
residential
use
to
commercial
use,
so
it
it
seems
like
a
tit-for-tat
scenario.
We
gave
up
residential
there
for
commercial
here
we
can
give
up
residential
or
commercial
for
residential.
Just
a
tidbit
of
information
from
us.
B
Thank
you
vice
chair
casey,
so
I
will
now
weigh
in
with
questions.
First
of
all,
robert
just
curiosity,
not
judgement,
no
judgment
here.
No
right,
no
wrong.
Did
you
actually
get
an
opportunity
to
physically
visit
the
site.
M
The
live
work
concept
came
to
mr
wang
from
a
staff
member
who
used
to
work
for
city
of
san
jose,
and
then
afterwards
they
told
them
that,
in
order
to
develop
that
idea,
they
said
why
don't
you
do
a
little
workplace.
So
that's
how
it
wasn't
something
that
he
came
up
with
a
staff
member
told
him,
and
then
they
told
him
that
he
needs
to
do
a
general
plan
change
and
then
afterwards
somebody
else
said:
oh
you
have
to
go
through
the
entire
process
that
was
before.
M
I
was
on
board,
of
course,
with
him.
So
by
the
time
I
met
mr
wang.
He
already
had
that
concept.
He
had
drawings
that
he
had
shown
staff
and
if
I
show
you,
the
original
drawings
are
so
different
than
the
current
ones,
the
ones
that
we
showed
you
today
are
so
much
more
detailed,
because
we've
been
working
with
elected
officials
in
order
to
bring
a
project
that
is
going
to
be
a
pride
to
the
city
of
san
jose.
H
B
I
did
take
the
time
to
visit
the
sites
and
what
stuck
out
to
me
on
this
particular
site,
and
this
is
why
I
go
back
to
my
first
question
of
robert
about
whether
I
think
I'm
not
judging
this
is
I
don't
want
you
to
take
it
that
way
about
whether
the
site
was
actually
visited
or
not
is
because-
and
this
is
now
me
talking
as
a
business
owner
given
given
its
location,
given
how
how
locked
it
is
given.
B
Given
it's
the
fact
that
you
don't
have
any
actual
pedestrian
traffic,
I
just
don't
see
commercial
being
viable
there.
I
can't
believe
if
you
were
to
offer
me
a
commercial
spot
there
at
no
cost.
I
wouldn't
take
it
because
I
would
be
walking
myself
into
the
demise
of
my
business.
Although
the
site
is,
there,
it'd
be
much
more
of
a
faustian
bargain.
For
me,
nothing
I'd
be
comfortable
with.
B
I
do
think
that,
yes,
it
is
important
to
take
care,
protect
commercial
lands
within
the
city
of
san
jose,
but
I
will
say
for
as
long
as
I've
been
in
city
government,
that
has
been
the
ongoing
mantra.
Protect
commercial
lands,
protect
commercial
lands,
but
we
are
in
a
moment
in
history
within
not
just
the
city.
I
will
agree
with
commissioner
yang
that
this
is
not
a
san
jose
issue
to
solve
single-handedly.
B
It
is
absolutely
a
regional
issue
to
solve
that
is
the
housing
crisis,
but
when
we
do
have
unique
opportunities
like
this
one
before
us,
I
do
think
it
is
important
to
push
back
and
to
say
we
don't
necessarily
agree
with
the
general
plan.
B
We
do
firmly
believe
that
this
should
be
housing,
because
we
aren't
going
to
get
too
many
of
these
opportunities
as
we're
constantly
dancing
with
this,
this
delicate
dance
of
preserving
industrial
lands
and
also
trying
to
develop
property
so
from
where
I'm
sitting
you
know,
I
I
do
feel
that
this
is
something
we
should
approve.
B
I
do
feel
that
this
is
one
of
those
unique
opportunities
to
to
create
housing
where
I'm
sorry-
and
this
is
where
I
do
have
a
bit
of
a
disconnect
with
city
staff,
unless
you
own
a
business
and
know
what
it
takes
to
not
just
succeed
but
to
thrive.
You
know,
undoubtedly
within
milliseconds,
that
this
is.
B
This
is
a
death
sentence
for
pretty
much
any
business
that
needs
pedestrian
traffic
to
survive
and
that
that
assessment
you
can't
make
on
a
you
know,
looking
at
the
colors
of
the
map,
that's
an
assessment
that
can
only
be
made
with
an
understanding
of
business
principles
and
any
impractical
business
principles
and
equally
an
understanding
of
the
fact
that
that
just
would
not
work
here.
So
as
far
as
I'm
concerned,
I
will
not
be
voting
in
favor
of
staff's
recommendations,
particularly
item
two,
within
the
two
points
that
were
made.
B
I
am
prepared
to
make
a
motion,
but
I
do
want
to
be
respectful
to
my
colleague,
commissioner
olivario,
who
has
his
hand
up
so
with
that.
Commissioner.
Thank.
K
You
chair
for
staff,
it's
been
referred
to
that
a
former
city
employee
made
a
suggestion,
and
I'm
curious
is
that
captured
in
a
preliminary
review
somewhere
that
that
was
said
and
who
said
it.
H
I'm
not
sure
what
the
recommendation
was
for
for.
If
you
can
repeat
the
recommendation,
was
it
for
the
live
work.
K
The
applicant
stated
that
a
city
employee,
I
assumed
someone
in
the
planning
department
made
the
suggestion
of
working
work
live.
But
my
question
is:
is
that
actually
documented
and
captured
in
a
preliminary
review,
because
a
preliminary
review
is
the
best
way
to
for
an
applicant
to
understand
what
they
can
do
with
the
land?
What
are
the
obstacles
et
cetera,.
H
M
Yes,
as
I
stated
it
wasn't
robert
it
was
prior
to
robert.
It
was
a
staff
member.
It
was
prior
to
me
joining
the
team
as
well
and,
as
I
stated
during
my
presentation,
I
joined
in
february,
so
it
was
prior
to
that.
K
Great
and
was,
and
for
the
applicant
did,
was
that
captured
in
writing
on
an
official
preliminary
review
document.
K
No
prior
to
you
picking
up
this
client
when
they
were
shared,
this
told
this
information
or
shared
was
that
is
that?
Is
there
like
evidence?
Is
there
evidence
in
a
preliminary
review
that
someone
from
the
city
planning
staff
said
we
want
you
to
do?
Work
live.
K
A
M
You
know
what
again.
B
No,
and
actually
it
looks
like
kirk
tang-
has
his
hand
up,
so
he
may
be
able
to
further
add
to
your
to
answer
your
question,
commissioner.
Yes.
K
Yeah,
I
think,
there's
a
there's.
I
think,
there's
something
if
planning
staff
is
saying
making
a
suggestion,
part
of
a
preliminary
review
or
a
passing
comment,
but
I
think
that
that's
important
to
understand,
but
I
I
have
to
concur
overall,
I
think
the
presentation
by
the
applicant
is
fantastic
and
I
think
I've
seen
numerous
of
these
presentations
on
justifying
how
a
particular
parcel
should
be
rezoned,
and
I
think
also
the
arguments
can
be
compelling.
You
visit
the
site,
it
looks
disheveled.
K
Well,
I
think
it
would
be
something
would
be
better
or
a
neighborhood
that
doesn't
want
to
look
at
a
building,
but
at
the
end
of
the
day,
is
there
potential,
for
you
know,
as
staff
said,
for
parcels
to
be
gathered
to
create
something
larger?
Is
there
potential
for
another
property
owner
to
make
a
better
go
of
it?
I
don't
think
this
is
prime
retail.
K
K
I
think
a
lot
of
my
comic
colleagues
have
made
comments
about
changing
the
color
on
the
map
and
we
don't
actually
have
a
project
and
everything
that
we
may
consider
or
think
about.
The
picture
isn't
a
hundred
percent,
but
you
know
ultimately,
I
I'm
just
curious
to
see
you
know
who
made
this
comment
and
what
date
etc.
P
I
I'm
not
sure
this.
This
question
is
relevant
to
the
decision.
Could
vera
weigh
in
on
that?
Please.
Q
I'm
sorry
can
I
just
the.
B
Oh,
oh,
the
the
answer.
The
answer
is
no
given
what
we're
looking
at,
but
since
commission
olivero
is
asking
we
do
want
to
make
that
available.
F
And
I
think
it
would
be
important
to
know
the
context
of
that
email
as
well,
so
you
would
really
need
the
entire
string.
Who
was
asking
what
why
whatever
and
so
you
know-
I
I
would
ask
that,
but
as
far
as
relevance,
this
is
a
rezoning
and
it's
a
general
plan
amendment.
No,
it
really
is
not
relevant
to
it,
but
it
you
can
have
you
know
you
can
ask
an
answer.
F
B
No,
and
and
and
commissioner
young-
that's
that's
precisely
why
I
was
entertaining
the
question
because
it
does
provide
context,
but
to
your
point
it
does
not
in
any
way
in
terms
of
our
decision.
Mr
tang
give
a
quick.
Second:
were
you
able
to
find
it.
Q
Yeah
it's
the
planner's
name
was
matthew,
vaughn,
olsteen,
okay.
This
was
back
in
2016
march
15th.
F
He
may
have
been,
and
the
name
is
very
familiar
to
me:
what
what
did
he
sign
the?
What
did
he
sign
the
email
as.
Q
It
was,
it
was
planning
staff
we
were.
We
were
working
with
them
to
figure
out
what
we
could
do.
No.
F
O
Q
Q
B
A
B
All
right
I'd
like
to
make
a
motion
at
one
this
we
adopt
a
resolution
adopting
7246
sharing,
drive,
gpa
and
conforming
rezoning,
negative
declaration
and
associated
mitigation
monitoring
and
reporting
plan,
for
which
an
initial
study
was
prepared
in
accordance
with
the
sequa,
as
amended,
exhibit
c,
and
that
we
adopt
a
resolution
approving
the
application
for
amendment
of
the
envision
san
jose
2040
general
planned
use,
transportation,
diagram,
designation
from
neighborhood
community
commercial
to
the
mixed
use,
neighborhood
and
conforming
rezoning
from
the
cp
commercial
pedestrian
to
mixed
use.
L
B
B
G
Yeah,
no,
that
come
through.
K
E
B
B
H
Gp21007
and
c21029
is
a
general
plan
amendment
to
change
the
land
use
designation
from
neighborhood
community
commercial
to
mix
use
commercial
as
well
as
a
conforming
rezoning
to
rezone
the
project
site
from
cp
commercial,
pedestrian
to
mixed-use
commercial
muc.
Mixed
use,
commercial
zoning
district
on
a
1.09
gross
acre
site,
located
at
two
nine
zero
five
center
road.
H
The
site
is
developed
with
one
building,
approximately
six
thousand
five
hundred
fifty
square
feet.
One
commercial
building,
single
family
and
commercial
uses
around
the
site
to
the
northwest
across
lewis.
Road
is
a
large
commercial
retail,
plaza,
north
and
northeast
across
center.
Road
are
single-family
homes
directly
south
and
southwest
of
the
subject.
Site
are
single-family
homes
and
southwest
is
a
restaurant
and
cafe
the
applicant
is
proposing
to
change
the
existing
neighborhood
community.
Commercial
land
use
designation
to
mix
use
commercial.
H
The
existing
neighborhood
community
commercial
unused
designation
supports
again
a
very
broad
range
of
commercial
activity,
including
commercial
uses
that
serve
the
community
in
neighboring
areas
such
as
neighborhood
serving
retail
and
commercial
professional
office
development.
The
proposed
makes
you
mis
mix
use
commercial
lending,
designation
is
more
commercially
focused
than
the
mixed
use.
Neighborhood
designation
and
allows
for
a
greater
intensity
of
use,
appropriate
commercial
uses
include
neighborhood
retail
mid-rise
office,
medium
scale,
hospitals
or
other
health
care
facilities
and
medium
scale.
H
Private
community
gathering
facilities
staff
analysis
found
that
the
project
site
is
not
located
within
a
growth
area
and
proposes
to
convert
approximately
1.09
gross
acre
site
from
a
holy
commercial
land
use
designation
to
a
mixed-use
land
use
designation.
The
site
is
not
located
within
an
identified
growth
area
and
is
not
within
a
half-mile
transit.
Therefore,
intensification
of
the
site
may
result
in
production
more
greenhouse
gas
emissions
than
a
site
within
an
identified
growth
area.
The
proposed
project
would
intensify
the
amount
of
commercial
and
residential
on
the
subject
site.
H
However,
intensification
of
commercial
could
be
achieved
with
the
existing
land
use,
designation
and
the
development
of
residential
and
commercial
outside
of
a
growth
area
is
generally
discouraged
by
general
plan
policies.
Further.
If
the
proposed
general
plan
amendment
is
approved,
affordable
housing
could
move
forward.
You
can
use
state
density
bonus
to
eliminate
any
commercial
use
on
site,
resulting
in
a
100
residential
project.
H
H
Community
members
also
asked
about
traffic
congestion
and
impacts
related
to
parking
and
staff
responded
that
cumulative
traffic
analysis
was
required
for
the
proposed
general
plan
amendment
and
zoning
under
sequa.
However,
a
specific
development
project
would
need
to
be
proposed
for
a
site-specific
traffic
analysis
to
determine
the
number
of
parking
spaces
or
any
impacts
to
the
local
roadways.
H
H
H
Two
comments
were
received
regarding
standard
pg
e
disclosure
in
santa
clara
valley,
water
recommended
edits.
The
comments
did
not
raise
any
concerns
regarding
the
adequacy
of
the
secret
documents.
Staff
recommends
that
the
planning
commission
make
a
recommendation
to
city
council
to
find
the
proposal
in
conformance
with
zika
and
deny
the
proposed
general
finance
amendments
and
rezoning.
B
R
R
R
Okay,
now,
can
you
hear
me?
Yes,
we
could
hear
it.
We
can
hear
you,
okay,
sorry
about
that
great
so
good
evening,
commissioner
bonilla
and
members
of
the
commission,
my
name
is
eric
schnauer
and
I
represent
the
property
owner
of
this
site.
R
Well,
two
key
facts:
the
first
one
is
almost
all
the
planned
housing
in
the
general
plan
is
on
employment
land.
There
there
is
no
vacant
city
residential
land,
so
housing
sites
downtown
are
on
properties
that
could
just
as
well
be
commercial
housing
sites
in
north
san
jose
are
on
land
that
are
currently
designated
industrial
park
and
almost
all
the
land
in
urban
villages
that
is
going
to
accommodate
residential
or
mixed-use
residential
is
on
commercial
land.
R
R
There's
only
6
500
square
feet
of
commercial
on
over
an
acre
of
land,
most
of
the
the
land
is
is
vacant
and
our
request
is
very
different
from
sharon
drive
in
that
we
are
requesting
mixed-use,
commercial
and
under
the
muc
designation.
R
R
The
site
is
perfectly
situated
in
a
rectangle,
it's
of
sufficient
size
for
mixed-use
development
in
terms
of
the
location
of
the
site.
You
know,
staff
says
that
somehow
we're
going
to
destroy
the
city
with
vmt
and
greenhouse
gas.
Our
site
is
located
right
here
in
the
middle
of
the
city.
R
All
of
these
pink
areas
are
urban
villages
that
are
much
greater
distance
from
the
jobs
in
monterey,
highway,
the
jobs
downtown
and
the
jobs
in
north
san
jose
our
site
will
reduce
vmt
and
reduce
greenhouse
gases.
Much
more
than
all
of
these
urban
villages
in
the
outskirts
of
the
city
in
terms
of
transit,
the
staff
incorrectly
states
that
there
is
no
transit.
R
Our
site
is
located
literally
on
top
of
this
number
73.
This
is
the
vta
bus
map
route
frequent
and
that's
the
vta's
term,
not
mine,
frequent
bus
route.
73
goes
right
down
center
road
and
has
stops
within
a
block
of
our
site
in
less
than
half
a
mile
away
is
frequent
route
70,
which
goes
east
west
down
capital,
expressway
and
then
also
within
half
mile,
is
local
bus
route
42.
R
So
that
is
a
smoke
and
mirror
argument
if
we
want
to
have
mixed
use
with
expanded
commercial
and
housing
on
top,
the
muc
is
the
only
path
that
allows
that
that
to
happen,
and,
lastly,
in
terms
of
intensity,
muc
and
ncc,
the
current
designation
have
fars
and
stories
that
are
similar
right.
The
the
current
designation
allows
five
stories:
muc
would
allow
up
to
six
and
the
reality
is
under
muc.
R
B
A
B
A
A
Chair,
I
do
see
bob's
hand,
it
was
on
and
off
on
and
off
twice.
S
S
That
would
be
a
mixed
use
occupancy
somewhere
in
the
neighborhood
of
six
to
seven
stories:
commercial
below
residential
above
50
to
60
units,
although
I'm
not
opposed
to
adding
housing
units
to
the
city's
inventory.
Nor
am
I
opposed
to
commercial
development.
S
I
do
believe
that
such
a
low-rise
or
mid-rise
mountain
view
style
six
to
seven-story,
mixed-use
commercial
residential
building
project
is
not
the
best
fit
just
a
simple
drive
from
tully
road
to
capital.
Expressway
down
center
road
would
indicate
to
you
that
the
general
height
of
buildings,
seen
in
that
area,
residential
and
commercial,
is
one
to
two
stories,
except
for
the
most
recent
construction,
which
is
the
vietnamese
center,
which
is
near
the
corner
of
tully
and
central
road.
S
Now,
if
you
go
northward
on
central
road
towards
the
county,
human
resources,
social
services
agency,
you'll
find
some
larger
low-rise
to
mid-rise
residential
style
housing,
and
I
understand
that
there's
more
plan
for
that
area.
But
as
far
as
the
area
that
we're
speaking
of
here
louis
and
the
intersection
of
louis
and
center
road,
there.
A
Yes,
yes,
we
have
doctor
yep,
doctor
yep,
go
ahead
and
meet
your
device
and
we
can
please
state
your
name
for
the
record.
You
have
two
minutes
to
speak.
Q
Yes,
my
name
is
dr
benjamin
yep,
I'm
also
a
local
resident
of
this
area.
I
live
on
lewis,
road
as
well
the
site
I
have
mixed
feelings
about.
It
is
very
underutilized
right
now
and
has
been
underutilized
for
the
last
few
years.
Its
location
is
next
to
a
commercial
district
and
is
next
to
a
high
school
and
it's
across
the
street
from
a
church.
So
there
is
a
lot
of
foot
traffic
and
activity
going
there
recently.
The
lanes
for
that
road
specifically
have
been
reduced
from
six
to
four
total.
Q
So
therefore,
the
traffic
going
both
directions
is
so
dense,
especially
on
weekends.
During
the
church
hours,
cars
are
really
driving
illegally
through
the
sidewalks
to
get
out
of
the
area.
It
is
not
a
safest
area
for
high
density
at
the
moment.
That
being
said
that
just
to
address
the
traffic
comment
that
was
made
earlier.
Q
As
for
the
comment
that
it
is
a
six
story
plan
building
mixed
commercial
use
again,
I
have
mixed
feelings
about
that.
It
is
a
very
high
opportunity
for
businesses
to
take
advantage
of
that
foot
traffic
area.
At
the
same
time.
Looking
at
the
surrounding
community,
it
is
definitely
not
a
high
affordability,
housing
capabilities.
Q
The
whole
neighborhood
is
on
the
lower
spectrum
of
affordability,
so
having
a
high
cost
facility,
there
will
not
be
able
to
allow
residents
of
the
area
to
stay
there,
nor
will
be
able
to
future
maintain
them,
and
I
understand
identification
is
great
for
some
things
and
bad
for
others.
It
is
something
to
be
of
concern,
but
not
a
it's,
not
always
a
negative
issue,
but
just
letting
you
know
of
the
conditions
that
are
arising
in
the
area.
B
R
So
I
think
mr
yap,
dr
yep
points
out
a
key
feature
of
the
neighborhood.
That
is,
this
is
a
neighborhood
of
mix
of
uses.
So
on
center
road
there
is
commercial
to
our
north
commercial
to
our
south
residential
behind,
including
a
group
home
right
behind
us.
R
There's
a
school
there's
a
church,
all
within
a
block,
and
so
this
is
really
a
a
hub
of
the
neighborhood
center
road
and
it
would
be
nice
to
create
a
development
that
is
more
a
focal
point
and
a
gathering
place
for
the
community
than
the
under
utilized
empty
lot.
That's
that's
there
and
the
benefit
of
the
mixed-use
commercial
designation
that
we're
requesting
is
that
it
solves
everybody's
problem
or
concern
number
one.
It
requires
commercial
development,
it
requires
commercial
development.
R
R
This
use
allows
housing
above
and
for
people
who
are
concerned
about
over
development.
This
designation
does
cap.
The
housing
density
at
50
units
to
the
acre
only
50
units
that
are
most
development,
that
you
see,
that
comes
in
front
of
you
apartment
buildings,
are
at
90
100
150
units
of
the
acre.
So
this
is
a
very
modest
density
of
50
units
to
the
acre
with
commercial
development
below
and
parking
enclosed
within
the
building.
R
R
So
we
we
did
do
a
very
general
capacity
study,
but
ultimately,
the
project
design
has
to
go
through
the
city's
public
review
process
and
the
city
has
city-wide
design
guidelines
that
require
neighborhood
compatibility
and
setbacks
and
step
backs
to
ensure
that
whatever
gets
designed
and
ultimately
comes
forward
is
appropriate
for
the
neighborhood
that
it's
in.
R
B
P
Thank
you
chair.
I
would
like
to
have
staff
comment
on
mr
shinauer's
comments
that
all
housing
projects
in
the
city
are
being
built
on
commercial
lands.
O
I
can
respond
to
that
so
yeah.
So
I
think
when
the
general
plan,
when
we're
going
through
the
general
plan
process,
I
think
san
jose
doesn't
have
vacant
land
really
anymore.
It's
not
like
a
city
like
chicago
or
detroit.
We
have
lots
of
brownfields.
We
have
an
urban
growth
boundary,
we're
very
much
built
out
in
the
past.
We
had
you
know
old
farms
you
convert.
We
did
convert
some
cannery
buildings
into
specific
plans.
O
So
what
what
the
the
approach
of
the
general
plan
is
sort
of
again
grow
downtown
is
a
mixed
east
environment
that
allows
both
north
san
jose
has
been
on
the
books
for
a
very
long
time,
20
years
lease
to
allow
some
conversion
of
some
of
the
employment
land
up
there.
The
residential
to
internalize
trans
traffic
trips
to
make
me
create
a
more
mixed-use
environment,
but
the
the
real
approach
is
the
urban
village
approach
which
does
allow
the
growth
of
jobs
and
housing.
O
It
does
allow
conversion
to
mixed
use
and
housing
on
commercial
land
within
urban
villages,
of
course,
that
those
are
the
growth
areas.
So
the
general
plan
to
find
the
process
by
which
you
could
do
that
it's
pretty
complicated,
as
I'm
sure
eric
would
admit
you
know
so
one
you
have
to
go
through
an
urban
village
planning
process
to
identify
how
those
conversions
will
happen,
how
you
will
grow
both
jobs
and
housing,
and
there
are
sort
of
exceptions
for
that.
O
There's
the
signature
project
policy,
which
you
guys
are
familiar
with
now
and
there's
policy
512
for
affordable
housing,
which
you're
familiar
with
as
well,
but
those
are
all
sort
of
areas
the
general
plan
has
decided.
We
are
going
to
grow
jobs
and
housing
together
and
we
will
convert
land,
a
commercial
retail
office,
mainly
commercial
strip,
malls,
etc
to
housing,
and
so
it's
sort
of
a
more
thoughtful
mindful
approach
and
how
to
do
that
so
eric's
right.
It
does
allow
conversions
in
that
area
where
the
general
plan
doesn't
is
very
clear
about
not
allowing
commercial.
O
R
P
P
R
R
Just
so
that's
clear,
and
that
would
be
fiscally
detrimental
to
the
city,
because
affordable
housing
doesn't
pay
property
taxes,
low-income
people,
don't
generate
sales
tax
and
so
fiscally.
That
would
be
irresponsible,
but
of
course,
gen.
Affordable
housing
is
important,
so
we
build
it
anyway
because
it
adds
benefit
to
the
community.
B
G
B
G
How's
this
a
lot
clearer.
Okay,
sorry
about
my
internet
issues,
so
yeah.
So
as
eric
alluded
to
this
is
similar
in
some
ways
to
the
last
item
we
considered
in
that
we're
looking
at
the
how
it
impacts
the
jobs,
housing
and
balance
in
san
jose.
But
this
you
know,
discussion
about
state
density.
Bonus
laws
is
makes
it
pretty
different.
It's
one
question
I
have
that.
I
asked
the
last
applicant
as
well
is:
why
are
we
just
seeing
a
rezoning
right
now?
R
So
therefore,
property
owners,
like
these
two
applicants,
are
forced
to
advance
the
general
plan
and
zoning
and
see
what
the
council
wants
to
do
with
that
and
then,
if
it
gets
approved,
put
in
the
expense
and
the
time
to
do
the
project,
level,
design
and
the
sequel
clearance
for
it.
G
Thank
you
for
clarifying
that,
and
I
guess
question
mark.
I'm
curious
your
legal
opinion
here.
So
the
staff
report,
I
guess,
has
a
concern
that
the
new
zoning
designation
could
lead
to
the
application
of
a
density
bonus
and
thus
a
housing
only
project
and
eric
outlined
an
argument
that
that
could
be
done
with
the
existing
land
use
designation.
So
I
guess
veron
cares.
Do
you
agree
you
of
those
two
things
like
do
you
agree
with
both?
Do
you
agree
with
one
like?
What's
your
interpretation,
there.
F
K
F
Under
the
issue
under
state
law
is
whether
or
not
the
city
is
applying
objective
criteria
to
residential
development,
and
if
the,
if
the,
if
the
standard
is
objective,
then
yes,
we
could
probably
comply
with
it.
However,
having
said
that,
under
density
bonus
law,
we
are
required
to
give
incentives
and
concessions
and
waivers
that
make
the
total
density.
The
density
for
the
project,
with
the
density
bonus,
make
it
feasible
and
the
only
way
we
can
deny
that
is,
for
health
and
safety
reasons.
F
So,
to
the
extent
that
someone
says
if
we
provide
the
commercial
we're
reducing
the
project
by
x
number
of
units-
and
we
cannot,
we
cannot
build
the
project
to
its
maximum
capacity
allowed
with
the
density
bonus,
then
we
may
have
to
waive
or
concede
that
requirement,
and
that
is
the
issue
that
we've
been
coming
up
with.
So
I
guess
in
going
around
this,
I
don't
agree
with
mr
shane
our
if
this
is
an
affordable
project
subject
to
density
bonus.
O
Well,
let
me
just
a
couple
of
things,
so
we
did
not
analyze
this
project
as
a
one
and
a
half
acre
rule
whether
it
meets
the
criteria
it
may
it
may
not.
We
didn't
analyze
that
to
be
frank,
but
I
think
a
lot
of
people
when
they
talk
about
density,
bonus.
Think
density
bonus
is
for
affordable
housing
projects
and
that's
makes
sense
because
in
san
jose
for
the
most
part,
only
affordable
housing
projects
apply
for
a
dentist
city
bonus
and
they
get
concessions.
O
They
concession
away
commercial,
but
we
have
to
be
mindful
that
market
rate
housing
projects
can
also
get
density
bonus,
so
if
they
provide
a
percentage,
maybe
five
percent
of
low
income,
how
very
extremely
low
income
housing
there's
different
percentages
that
you
can
provide
of
the
total
units.
But
if
you're
largely
a
market
rate
project
provides
some
number
of
affordable,
then
you
can
get
concessions
and
you
could
concession
away
the
commercial
as
well.
So
it
is
what
it
is.
I
just
want
to
make
it
clear:
it's
not
just
density
bonus
for
affordable.
O
F
Amount,
it
is
it's
horrible.
The
requirement
under
government
code,
section
65915,
is
that
and
when
we
talk
about
market
rate
is
10
moderate
income
for
sale,
and
so
if
this
were
a
for
sale
project,
they
would
have
to
do
10
moderate
in
order
to
get
a
density
bonus
for
lower
income.
It's,
I
believe,
10
rental,
but
I'd
have
to
look
at
that
again,
but
I'm
sure
about
the
10
moderate
before
sale,
and
there
are
also
different
configurations.
It
can
be
a
senior
project
with
a
certain
amount
of
senior
where
they're,
not
income
restricted.
F
It
can
be
student
housing.
It
can
be
a
number
of
things
now,
because
the
density
bonus
law
has
expanded
generously
to
give
density
bonuses
and
incentives
and
concessions.
G
I'm
sorry
I
just
I
there's
one
more.
So
thank
you
for
going
into
all
the
details
there.
So
just
to
be
clear,
then
you're
saying
you
don't
see
a
way
that,
under
the
current
land
use
designation,
someone
could
use
a
density
bonus
to
get
a
housing
only
project
approved.
G
B
G
O
Yes,
I
mean
they
could
so,
let's,
let's
not
go
with
the
one
and
a
half
acre
rule
to
100,
affordable,
that's
a
different
conversation,
but
if
it's
a
market
rate
project
that
provides
some
level
of
affordability,
the
deeper
the
affordability,
you
go,
the
less
units
you
need
to
provide
to
get
a
density,
bonus
and
concessions
and
waivers.
O
O
What
hcd
has
told
us,
hcd
is
housing.
Community
development
department
in
the
state
is
that
if
they
ask
for
that
waiver
we
have
to
grant
it
unless
there's
really
a
health
and
safety
reason
why
we
we
can't-
and
we
can't
and
there's
no
real
reason
why
there's
no.
They
don't
have
an
adequate
reason
how
to
reduce
costs
for
development,
which
I
don't
see
how
they
couldn't
make
that
case
so
yeah.
So
we
were
we.
O
We
had
been
holding
the
line
saying
that
developers
cannot
use
density
bonus
to
get
rid
of
the
commercial
or
at
least
get
rid
of
all
the
commercial
hcd
has
told
us.
They
do
not
agree
with
that.
So
we've
we've
essentially
dropped
that
we
just
came
up
with
the
city
council
meeting
on
policy
512
on
december
14th,
and
I
don't
know
it
was
because
of
that.
But
the
council
essentially
got
rid
of
commercial
requirements
for
affordable.
F
B
Got
it
all
right,
art,
noise,
we've
dived
in
and
there's
a
lot
of
speculative
discussion
right
now.
But
I
do
want
to
give
mr
shane
our
the
chance
to
to
weigh
in
and
then
from
there
I'm
going
on
ls,
wise
olivario.
So.
R
R
Okay,
can
you
see
my
screen?
Yes,
okay,
so
this
is
policy
h-2
h-2.9
and
you
have
to
go
back.
You
read
the
ncc
general
plan
designation
at
the
bottom.
The
last
sentence
says
for
areas
outside
of
growth
areas.
Policy
h,
2.9
applies
so
for
sites
outside
outside
urban
urban
village
areas
that
are
designated
neighborhood
community
commercial.
R
You
can
do
100,
100
deed,
restricted,
affordable
housing,
with
no
commercial
requirement,
no
commercial
requirement.
As
long
as
you
meet
this
criteria
and
this
site
meets
the
criteria.
The
site
is
1.5,
acres
or
less.
The
site
is
underutilized
and
we
meet
that
on
the
because
the
far
of
existing
commercial
is
is
0.2
or
less.
R
We've
already
discussed
that
we
are
adjacent
to
residential,
that's
policy,
three
and
policy,
four
we're
not
near
heavy
industrial
policy;
five
we're
within
half
mile
of
transit
with
a
30
minute,
peak
headway.
We
have
two
lines
that
are
less
than
30
minute
headways
and
then
the
others
aren't
really
applicable.
So
the
the
point
being
is
that
today
we
can
build
100,
affordable
housing
with
no
commercial
development
and
we
don't
even
have
to
use
density
bonus.
B
D
Thank
you.
So
I
grew
up
on
district
seven.
I
went.
I
grew
up.
I
you
know,
went
trainer
hill
high
school
right
down
the
street.
I
went
to
saint
maria
grady
down
the
street
right
across
the
street.
This
definitely
has
been
a
property
that
has
been
underutilized
this.
This
is
a
very
vibrant
street,
very
pedestrian
friendly.
D
D
So
I
think
that
this
space
could
definitely
be
better
utilized.
It
would
be
really
nice
to
see
something
there.
I
mean,
I
think,
the
last
time
I
ever
went
in
that
building.
I
might
have
been
15
years
old
and
it
was
like
a
mayor
shop
and
I
went
in
there
and
I
mean
pretty
much.
I
I'm
surprised,
there's
not
like
homeless
people
living
in
there.
You
know.
I
would
really
like
to
see
that
this
project
be
commercial.
D
It
would
thrive
immediately
just
given
the
commercial
corridor
and
liveliness
there
now
and
obviously
we
we
do
need
more
housing.
So
I
definitely
would
support
the
project
just
because
it's
an
underutilized
site,
that's
in
its
prime
real
estate,
it's
close
to
downtown
san
jose
it's
along
a
major
corridor.
Where
there
is,
I
mean
route
73.
I
took
that
bus
growing
up
and
I
think
it
would
add
to
the
quality
of
life
to
the
community.
So
that's
what
I
have
to
say.
Thank
you.
B
I
appreciate
your
on
the
ground
district
perspective
life
experience.
This
is
precisely
why
we
moved
to
district
representation.
So
thank
you
for
that.
Commissioner,
has
really
good
context.
Commissioner
olivario
then,
commissioner,
young
and
then
after
that,
unless
anyone
else
weighs
in,
I
will
weigh
in
so.
O
You
know,
I
think
our
general
plan
is
very
clear
about
where
you
grow
residential
and
where
you
down,
and
that's
kind
of
really
the
crux
of
our
argument
here
with
an
acknowledgement
that
you
know
there
there
could
be
a
case
under
density
bonus
where
you,
you
could
just
build
100
residential
project,
now
eric's
correct
under
the
one
and
a
half
acre
rule.
This
appears
based
on
what
we
just
saw
that
would
meet
that
criteria.
You
could
do
that
with
affordable
housing,
but
this
is
the
kind
of
site.
O
If
you
look
at
direct,
I'm
looking
at
street
view,
if
you
look
directly
across
the
street
on
the
other
side
of
louis
there's,
a
pretty
new
vibrant
shopping
center
and
that's
the
kind
of
use
that
you
know,
we
think
that
could
happen
or
there
could
be
an
opportunity
for
on
the
property
in
question
this
evening.
K
I
mean
I
was
really
looking
for
that
top-level
view
that
michael's
familiar
with
over
the
years-
and
I
understand
where
you're
coming
from.
Thank
you.
P
Thank
you
chair
couple
points.
You
know
when
we're
talking
about
the
interpretation
of
the
general
plan.
We
have
mr
brio
and
his
planning
staff,
and
then
we
have
mr
shane
hour
and
with
all
respect
to
him,
he's
representing
the
applicant.
So
his
interpretation
is,
I
think,
should
be
taken
with
a
little
bit
of
a
grain
of
salt
and
I
would
more
trust
our
planning
staff
on
their
interpretation.
P
P
So
you
know
at
our
study
session,
it
was
mentioned
that
the
general
plan
tries
to
have
new
housing
development
placed
either
in
growth
areas
or
urban
villages,
and
the
reason
for
that
is
that
we
don't
want
this
type
of
development
to
kind
of
be
spread
willy-nilly
throughout
the
city,
because
residential
developments
like
this
require
a
lot
of
city
services,
and
this
neighborhood
definitely
needs
more
city
services.
It's
not
really
well
resourced,
right
now,
so
to
add
another
seven-story
residential
building,
I
think,
will
make
that
worse.
P
I
think
it's
a
prime
location
for
for
commercial
retail
use,
there's
a
very
vibrant
asian
shopping
center
right
nearby,
it's
a
vibrant
street.
It's
it's
developing!
It's
a
great
place
to
put
a
retail
location
where
you
know
we
could
have
jobs,
and
then
the
final
thing
I'll
say
is
that
you
know
I
don't
think
our
job
is
to
invent
new
ideas
about
the
general
plans
to
follow
the
spirit
of
the
general
plan,
and
this
project
is
in
conflict
with
major
strategy.
P
Three
on
focus
growth,
number
four
on
adding
new
employment
lands;
number
five
on
urban
villages
and
number
eight
on
fiscally
strong
cities.
So,
if
anyone's
going
to
make
a
call
on
this
I'd
say
it
should
be
the
city
council.
P
I
think
we
need
to
follow
the
spirit
of
the
general
plan,
as
is
recommended
by
the
staff,
and
that's
in
my
comments
thanks.
Thank.
B
You,
commissioner,
young,
I
will
now
weigh
in
so
essentially
I'm
to
go
back
to
commissioner
nellis
white's
comments,
and
I
was
really
touched
by
the
personal
connection.
You
know.
I've
talked
to
about
9
000
folks
in
here
in
my
district,
about
various
issues,
and
one
thing
that
we
keep
talking
about
in
district
five
is:
when
are
we
gonna
get
some
of
these
market
rate
opportunities
within
our
community,
because
there's
value
right,
there's
value
in
bringing
all
types
of
socio-economic
backgrounds
within
one
community
and
without
a
doubt,
the
east
side
of
the
city?
B
It
feels
somewhat
disconnected
from
those
opportunities.
The
other
thing
I
want
to
stress
is
again
going
to
that
site.
Knowing
that
site,
it
has
been
underutilized
for
a
very,
very
long
time.
Commissioner,
knows
why
I
said
it
best.
I
think
it
was
a
mirror
shop
and-
and
it
really
isn't
much
there
in
terms
of
today
and
as
a
city.
I
understand
that
it's
having
worked
in
the
building.
I
understand
the
responsibility
of
wanting
to
preserve
as
many
of
these
opportunities
as
possible,
but
speaking
as
an
eastsider,
we
we
keep
saying.
B
When
are
you
going
to
look
at
us
in
terms
of
bringing
these
opportunities
that
will
bring
some
level
of
capital
infusion
into
the
community,
and
we
hear
we
have
a
project
that
has
a
perfect
combination
of
housing
combination
of
commercial,
where
the
property
owner
is
willing
to
take
that
risk,
because
they
obviously
see
that
there's
an
opportunity,
one
that
clearly
has
been
overlooked
by
others
in
the
past.
Otherwise
this
property
would
have
converted
already
so
from
where
I'm
sitting.
This
is
another
op.
This
is
another
example
of
again
where
being
connected
to
the
ground.
B
B
That
makes
it
so
strong,
but
but
adding
to
it
right,
adding
another
layer
to
it,
adding
another
constituency
to
it,
adding
a
level
of
economic
boost,
and
I'm
telling
you
residents
here
in
my
district
that
I
constantly
talk
to
would
love
to
have
this
kind
of
market
rate
opportunity
in
in
in
our
community.
Here.
In
the
east
side,
so
with
that,
I
I
am
prepared
to
make
a
motion.
I
think
this
is
exactly
what
the
planning
commission
is
intended
to
do.
B
I
think
we
all
have
the
right
to
interpret
as
we
feel,
but
I
think
at
the
end
of
the
day,
it
is
important
for
us
to
send
a
very
clear
piece
of
advice
to
the
council
in
terms
of
what
we
think
needs
to
happen
and,
of
course
it
is
ultimately
at
the
discretion
of
the
council
and
by
the
way
they
have
a
history
of
saying
everything
we
send
up
to
them
is
wrong
anyway.
So
why?
Why
not
lead
in
the
sense
of
our
interpretation
of
the
general
plan
and
what
this
should
be?
B
We
fought
for
an
11
member
commission
precisely
for
moments
like
this
one,
precisely
for
the
moment
of
commissioner
ernest
wise,
bringing
that
cultural
that
local
flavor
to
explain
to
us
to
give
us
a
three-dimensional
view
beyond
these
colors
and
the
legalese
that's
used
to
describe
this
robert.
I
will
ask
you
one
question,
though:
have
you
actually
been
to
the
site
personally.
B
To
this
site,
personally,
okay,
not
not
again,
not
not
judging,
but
but
I
think
that
is
important
here.
It
is
important
to
have
that
context
and
when
you
see
it
and
when
you
understand
it
and
when
you
understand
that
community,
this
is
precisely
what
what,
in
my
mind,
needs
to
happen.
So
with
that,
I
will
make
a
motion
and
jennifer
if
he
can
go
ahead
and
put
the
language
up,
so
I
can
read
it.
That
would
be
really
helpful
and
I
will
say
this
to
all
my
colleagues.
Thank
you
for
weighing
in.
B
Thank
you
for
your
point
of
view
and
thank
you
for
your
thoughtful
discussion.
You
are
literally
the
dream
as
to
why
we
have
11
members
on
this
planning.
Commission
all
right
with
that.
I'd
like
to
make
the
following
motion.
The
planning
commission
recommends
that
the
city
council
take
all
of
the
following
actions:
one
that
we
adopt
a
resolution
adopting
the
initial
study,
negative
declaration
for
2905
and
2911
center
road
general
plan.
B
Amendment
number
two
that
we
approve
a
resolution
to
change
the
land,
use
transportation,
diagram,
land
use,
designation
from
neighborhood
community
commercial
to
mix,
use
commercial
and
number
three
that
we
approve
an
ordinance
rezoning,
the
site
from
commercial
neighborhood
and
commercial
pedestrian.
Zoning
district
to
the
muc
mixed
use;
commercial
zoning
district.
B
C
B
B
H
Yep
robert
rivera
plantings,
f,
gp21009
and
c21008
and
general
plan
amendment
to
change
the
lending's
designation
from
heavy
industrial
to
light
industrial,
as
well
as
the
conforming
rezoning
series
on
the
project
site
from
hi
heavy
industrial
to
li
light.
Industrial
zoning
district
on
a
0.68
gross
acres
site
located
at
1500,
berger
drive.
The
site
is
located
at
the
east
side
of
berger
drive,
approximately
400
feet
from
east
gist
road.
The
site
is
currently
developed
with
a
small
office.
H
Building
with
parking
in
the
rear
of
the
site
applicant
is
proposing
to
change
the
line
of
designation
from
heavy
industrial
to
light
industrial.
The
heavy
industrial
landings
designations
intended
for
industrial
users
with
nuisances
or
hazardous
characteristics,
which,
for
reasons
of
health
safety,
environmental
effects
or
welfare
are
best
segregated
from
other
uses.
The
proposed
light
industrial
land
use
designation
is
intended
for
a
wide
variety
of
industrial
uses
like
warehousing
hoist,
wholesaling
and
light
manufacturing
light.
Industrial
designated
properties
may
also
contain
service
establishments
that
serve
only
employees
of
businesses
located
in
the
immediate
industrial
area.
H
Staff
analysis
found
that
the
proposed
general
plan
amendment
to
light
industrial
on
the
0.68
gross
acre
site
would
facilitate
new
industrial
uses
that
may
be
more
viable
and
suitable
to
the
smaller
size
and
urban
location
of
the
site.
The
proposed
general
plan
amendment
does
not
propose
to
change
the
heavy
industrial
land,
use
designation
to
a
non-industrial
land,
use
designation
and
would
maintain
all
the
allowable
light
industrial
uses
further.
The
light
industrial
land
use
designation
would
not
allow
any
incompatible
uses
that
would
adversely
affect
the
surrounding
heavy
industrial
sites.
H
A
community
meeting
was
held
on
september,
2nd
2021,
and
no
community
members
attended
an
exemption
sequel
guideline.
Section
15301
for
existing
facilities
was
prepared
by
the
director
of
planning
building
code
enforcement
for
the
subject
general
plan
amendment
and
confirm
conforming
rezoning.
This
exemption
consists
of
the
operation,
repair,
maintenance,
permitting
leasing
or
minor
alteration
of
existing
public
or
private
structures,
facilities,
mechanical
equipment
or
topographical
features
involving
negative
negligible
or
no
expansion
of
existing
or
former
use.
H
B
Thank
you
robert.
I,
I
hope
they're
giving
you
overtime
and
extra
time
off
after
this
meeting,
because
my
mate
you're
a
one-man
band
right
now,
all
right
next
up
staff
application,
please
applicant.
H
Asked
me
to
pull
up
a
map
as
well,
so
let
me
share
that.
N
N
So
if
there's
other
questions
specific
to
their
operations,
she's
here
to
help
out
as
well
as
you
can
see
in
the
aerial
view,
there
are
1500
burger
drive,
designation,
that's
the
current
facility
and
it
was
previously
years
ago
as
a
construction
office
building,
and
then
I
think
it
was
green.
Green
waste
office
bought
it
a
number
of
years
ago
and
then
more
recently,
loaves
and
fishes,
purchased
it
and
loads
and
fishes
family
kitchen.
N
For
those
of
you
who
don't
know
they're
a
organization
that
provides
food
for
people
who
are
in
need
of
food
and
help
and
so
forth,
and
so
currently
they
operate
a
kitchen
out
of
the
morgan
hill
area.
There's
a
church
that
has
a
kitchen
so
they've
been
operating
out
of
that
area
for
a
number
of
years,
so
they've
been
looking
for
a
facility
in
the
san
jose
area.
N
That's
more
essentially
located
throughout
the
bay
area,
so
the
idea
is
that
they
will
take
this
facility
which
they
are
currently
occupying
and
they
want
to
build
a
kitchen
inside
the
facility,
so
they
can
do
all
their
operations.
There
deliver
everything
to
the
the
area
and
then
the
kitchen
that's
currently
in
morgan
hill
would
then
either
go
back
to
the
church
facility
or
they
might
retain
it
for
other
purposes,
but
primarily
they
wanted
to
come
into
more
essentially
located
san
jose
to
be
able
to
serve
in
the
whole
bay
area.
N
So
this
facility
is
two
old
buildings
that
were
connected
together.
One
half
of
the
building
will
retain
office
space
for
the
functions
of
loaves
and
fishes,
and
then
the
other
side
of
the
building
will
then
become
a
kitchen
facility
that
will
be
housing
approximately
six
to
eight
staff
that
they
can
then
serve
their
their
food
from
there.
N
It's
all
interior
model
remodel
that
we're
doing
the
minor
work
on
the
outside.
In
terms
of
you
know,
accessibility
things
like
that,
but
we're
not
really
modifying
the
exterior
skin
of
the
building,
it's
all
interior.
So
the
idea
is
that,
right
now
it's
designated
heavy
industrial
which
does
not
allow
for
kitchen
facilities.
N
So
by
going
to
light
industrial,
then
we
can
have
a
kitchen
facility,
as
well
as
offices,
to
support
that
facility.
So,
based
on
that,
we
are
hoping
that
everybody
would
find
that
this
would
be
a
great
solution
for
their
needs
and
for
the
city
and
the
community
as
well.
If
anybody
has
any
questions
I'll
be
helping
ask
an
answer.
B
Thank
you
for
that.
We
will
now
open
it
up
to
public
comment.
Do
we
have
any
public
comments,
jennifer.
B
Then
we'll
go
ahead
and
close
public
comment
next
applicant.
You
have
nothing
to
respond
to,
but
if
you
want
to
use
your
time
go
ahead.
N
No
I'm
fine,
but
I
just
want
to
let
everyone
know.
Thank
you
very
much
for
the
opportunity
and
we
hope
that
you
find
it
favorable
for
us.
B
All
right
great,
thank
you,
commissioner
questions.
I
see
commissioner
tauren's
hand
up.
Commissioner
torrance
was
yours.
C
Thank
you
chair,
so
I
just
have
one
question
for
the
applicant.
I
I'm
aware
that
there
is
a
loaves
and
fishes
operating
in
san
jose
already.
I
can't
remember
the
location,
but
can
you
just
speak
to
that?
What
operations
are
currently
happening.
N
As
far
as
I
know,
the
one
you
might
be
talking
about
is
down.
The
road
on
burger
drive
is
where
they
were
operating
kind
of
across
the
street
from
the
county
facility.
They
were
there
for
a
number
of
years,
and
then
this
facility
came
available,
so
they
purchased
it
two
years
ago
and
moved
down
the
street,
and
so
that's
good
operations
from
office
standpoint,
but
from
their
facilities
for
cooking
and
preparing
meals
that
comes
from
the
kitchen
facility.
That's
down
in
morgan
hill.
C
N
I
think
it
was.
It
was
mostly
office
operations,
their
truck
their
staff
would
drive
down
to
morgan
hill
in
the
trucks
pick
up,
the
food
bring
it
back
up
to
the
bay
area,
do
their
deliveries
and
then
the
office
again
was
on
burger
drive.
The
operations
of
the
kitchen
was
down
in
morgan
hill,
so
now
they're
going
to
do
is
consolidate
the
two.
The
san
jose
and
morgan
hill
facility
into
the
single
structure
on
burger
drive.
C
Okay,
so
I
asked
about
that
simply
because
I
believe
that
at
least
one
of
my
children
has
volunteered
there
a
few
times
in
some
capacity
in
san
jose.
So
I
wanted
to
just
say
that
I
would
be
very
much
in
favor
of
this,
because
it
has
a
really
great
reputation
as
a
organization
that
serves
our
community,
and
so
I
think
that's
that's
wonderful,
and
that
is
my
comment.
Is.
B
B
A
E
B
And
young,
yes,
the
motion
passes
with
commissioner
control
absence,
keep
doing
the
good
work
loaves
and
fishes.
Thank
you
very
much
there.
You
go
good
good
community
asset.
All
right
with
that.
We
will
now
move
on
to
item
nine,
which
is
to
continue
the
general
plan
hearing
2022
cycle,
one
to
february
9
2022.
vera.
Just
for
clarity
do
we
do.
I
need
to
take
a
vote
on
this
to
continue.
It.
C
C
O
O
Yeah,
I
did
get
the
notes,
I
don't
the
notes,
so
I
don't
believe
the
planning
commission
has
met
since
december
14th
right.
This
is
the
first
one
of
the
year
correct,
yeah.
So
there
actually
a
lot
of
stuff
happened.
This
isn't
in
my
notes
that
I
was
given,
but
a
lot
of
stuff
happened
in
december
or
14th.
O
That
was
the
end
of
the
four-year
review
hearings
for
council.
So
one
thing
that
was
opportunity
housing.
You
remember
that
one
so
council.
Our
recommendation,
of
course,
was
not
to
move
forward
with
opportunity
housing
but
to
implement
sb9
and
to
explore
allowing
our
sb9
housing
in
r2
zoning
districts
and
exploring
how
it
might
be
allowed
on
historic
properties
and
districts,
and
the
council
agreed
with
us
and
gave
us
direction
to
go
forward
with
that.
O
They
did
approve
by
the
way
they
did
approve
the
emergency
and
ordinance
the
emergency
ordinance
and
the
non-emergency
ordinance
with
the
standards
that
the
planning
commission
recommended
and
we
presented
to
them.
So
that
that's
is
what
it
is
now.
Staff
has
to
go
off
now,
of
course,
and
come
back
with
a
more
design
standards
and-
and
you
know
historic
standards
and
recommendations
in
r2,
which
we
would
do
probably
towards
the
end
of
this
year.
O
Then
the
other
one
was
policy
512..
If
you
remember
that's
the
policy
that
allows
affordable
housing
in
urban
villages,
ahead
of
a
urban
village
plan,
the
task
force
recommended
getting
rid
of
the
commercial
requirements.
Staff
actually
modified.
Our
recommendation,
based
on
the
ruling
from
the
not
the
ruling
but
the
feedback
from
the
housing
community
development
department
letter
that
we
got
a
few
days
before
council
or
actually
maybe
was
the
day
account.
So
I
don't
remember.
O
I
can
tell
you
about
that.
If
you
want
how
we
changed
our
recommendation,
but
ultimately
council
did
agree
with
this
task
force.
They
got
rid
of
the
commercial
requirements.
Consider
that
policy
for
affordable
housing,
they
directed
the
staff
to
come
up,
bring
back
the
council
a
general
plan
policy
that
affordable
is
never
required
to
provide
any
commercial
anywhere.
O
They
also
directed
staff
to
explore
incentivizing
commercial
retail
through
our
our
pro.
So
basically,
they
told
staff
that,
through
the
process
of
of
of
giving
awarding
money,
cities
money
to
affordable
housing
development,
we
should
explore
how
to
incentivize
commercial
development
be
integrated
into
affordable
such
that
you
know
it
could
be
a
criteria
that
we
evaluate
when
we
decide
what
projects
we
fund
or
not.
So
in
other
words,
use
the
power
of
the
city's
purse,
but
don't
use
a
general
plan
policy
to
encourage
a
commercial
and
affordable
along
that
lines.
O
They
also
directed
staff
to
explore
creative
financing
and
ownership
models
that
could
promote
and
facilitate
and
assist
affordable
housing
developers
with
the
integrating
commercial
in
their
affordable
projects.
I
think
the
sentiment
of
councils.
They
recognize
that
affordable
commercial
is
very
challenging
to
finance,
affordable
housing
developers,
but
in
some
level
it
really
is
a
goal
that
we
should
continue
to
pursue
in
some
way
and
see
if
we
can
use
carrots
rather
than
a
stick,
let's
see
what
else.
B
O
Relieved
yeah,
I
can
so
yeah.
Let
me
just
finish
the
other
thing
last
night:
real
quickly
is
they
approved
empire
lumber
in
the
five
in
the
roosevelt
park,
urban
village
and
the
wit
the
hotel
on
winchester.
They
approved
the
zoning
and
they
record
and
they
request
they.
They
did
not
approve
this
sup
for
the
host
manchester
director,
the
council,
the
golf
and
the
applicant
to
work
with
the
the
neighbors
to
come
up
with
some
resolution
and
come
back
later
with
the
scp
and
that's
it.
B
O
B
Got
all
right!
Thank
you,
michael
there
you
go
I'm
trying
to
make
your
night
and
sooner
for
all
of
us
all
right,
subcommittee
formation
reports,
outstanding
business,
I'm
assuming
nothing
to
report
there.